Patents | Tucker Law

New Inventors’ Quick Guide to the Patent Process
Gallery
New Inventors’ Quick Guide to the Patent Process

Patents

New Inventors’ Quick Guide to the Patent Process

The patent process can be a daunting task for new inventors, especially without hiring a patent attorney. With the right guidance from a registered patent attorney, it is possible to secure protection for your invention from broad to narrow. The first step in the patent process is to conduct a patent search. This will help you determine if your invention is already patented or if it is similar to any existing patents. Many times however, patent searches are better for the patent attorney helping you draft the application than it is for the inventor. You can conduct a patent search online using the USPTO's website, but really you should hire a patent attorney to conduct the search for you. It is unlikely that you have the experience or the skills to find relevant art or to properly interpret the results. Once you have determined that your invention is unique and not already patented, you can then proceed to draft a strong patent application. The patent application should include a detailed description of your invention, drawings or diagrams, and a connection between them. It is important to be as detailed and specific as possible in your patent application, as this will help to increase your chances of being granted a patent and prevent the application from being later invalidated. Once your patent application is submitted, it will be reviewed by a patent examiner. The examiner will review your application to ensure patentability. If there are any issues with your application, the examiner will let you know and give you a chance to address them. However, even validly issued patents can be later invalidated through the inter partes review process. Once your patent application is approved, you [...]

Unsung Patent Heroes: Recognizing the Innovators Behind the Scenes
Gallery
Unsung Patent Heroes: Recognizing the Innovators Behind the Scenes

Patents

Unsung Patent Heroes: Recognizing the Innovators Behind the Scenes

In the world of technology and innovation, patent holders are often seen as the heroes. Patent holders are the ones who come up with the brilliant ideas and bring them to market. But you may be asking yourself, are there other unsung patent heroes? Many of whom play an important role in the patent process. Many unsung heros go unrecognized. An example of these individuals are the ones who work behind the scenes to turn an idea into a patentable invention. One unsung patent hero is your patent attorney. We are responsible for helping inventors navigate the complex world of patent law, and we play a crucial role in the patent process. A lot of times patent attorneys help inventors simplify the process and breakdown the important aspects of the invention. Patent attorneys help inventors understand their rights and obligations, and they work to ensure that the patent application is properly prepared and submitted. Without our expertise, many inventors would struggle to secure a patent. That is because of the complexity of obtaining patent rights. Another unsung patent hero is the patent examiner. USPTO patent examiners are responsible for reviewing patent applications. They also determine whether the inventions meet the legal requirements for a patent. Exmainers must have a deep understanding of the technology or field related to the patent application. They must also be able to evaluate whether the invention is truly novel, as well as non-obvious. Patent examiners' work is critical to ensuring that only truly innovative ideas are granted patents. Finally, there are the patent support staff. Support staff are the ones who help to keep the patent office running smoothly. Patent support staff handle administrative tasks such as processing fees and maintaining [...]

Requirements for Obtaining a Patent Under 35 U.S.C. 101
Gallery
Requirements for Obtaining a Patent Under 35 U.S.C. 101

Patents

Requirements for Obtaining a Patent Under 35 U.S.C. 101

In order for your application to be granted, a number of conditions must be satisfied, which can make the process of getting a patent for your innovation or discovery complicated. Your innovation must adhere to the standards outlined in 35 U.S.C. 101, which is one of the most crucial of these requirements. Only "any new and useful technique, machine, manufacture, or composition of matter, or any new and useful improvement thereof" may be the subject of a patent under this section of the patent code. Four major conditions are imposed on patent applications by 35 U.S.C. 101. First, as the statute forbids multiple patenting, the applicant cannot already be in possession of a patent for the identical invention. Second, the right inventorship must be mentioned together with the name(s) of the inventor(s) in the application. Third, the claimed invention must fit into one of the four statutory categories listed in 35 U.S.C. 101 and be eligible for patenting. Fourth, the claimed invention cannot be based on anything that cannot be patented, such as abstract concepts, natural laws, or phenomena. An invention must be fresh in order to qualify for a patent, which means that it cannot have been fully and totally disclosed to the public before the patent application. According to MPEP 2104.01, "a claimed invention must be innovative and nonobvious over the prior art, which refers to all previous work that is publically accessible," a claimed invention "must be novel and nonobvious over the prior art." The invention must also be helpful, which entails having utility or practical applications. MPEP 2107 has a description of these needs. When an innovation is "anticipated" by prior art, it means that it has already been explained or [...]

Understanding USPTO Patent Internet Usage Policy
Gallery
Understanding USPTO Patent Internet Usage Policy

Patents

Understanding USPTO Patent Internet Usage Policy

To guarantee that the use of the Internet by patent examiners and other USPTO entities is effective, secure, and compliant with confidentiality standards, the USPTO has established an Internet Usage Policy. The policy describes how to access information about patent applications over the Internet for searching, browsing, and retrieval purposes. Internet searches for unpublished applications are prohibited unless they are restricted to the general state of the art and are written to preserve proprietary intellectual property, according to the regulation. Examiners are not permitted to solicit help for the patent examination on social media platforms. However, the policy permits examiners to look up information about published applications, including reissue applications and reexamination proceedings, online. The search terms that the examiners use can be anything, including terms that describe the general state of the relevant technology, aspects that were revealed in the applicant's disclosure, and claim terminology. Patent Examiners and anybody tasked with safeguarding confidential application data are responsible for developing unique search strategies. The documentation of the search tactics must follow accepted standards and protocols. For a fair assessment of the evaluation of an application, a thorough search must be conducted. The search should include references that are not necessary for rejecting the claims but would be helpful in preventing the presentation of claims to other disclosed subject matter. It should also cover all subject matter that the examiner reasonably anticipates may be included in the applicant's amendment. In conclusion, the USPTO Patent Internet Usage Policy offers recommendations for using the Internet in patent examination and aids in making sure that everything is done fairly, quickly, and securely while safeguarding sensitive data.

Understanding the Three Steps of Conducting a Thorough Patent Search
Gallery
Understanding the Three Steps of Conducting a Thorough Patent Search

Patents

Understanding the Three Steps of Conducting a Thorough Patent Search

The examiner of a patent application is required to perform a thorough search of the prior art, whereas a patent attorney is not required to perform a search. Finding the search field, choosing the right search tools, and figuring out the best search technique for each tool are the three key elements in this procedure. Domestic patents (including publications of patent applications), international patent documents, and nonpatent literature must all be included in the search box (NPL). No source may be excluded from the search unless the examiner has a good basis to do so and has no reason to believe that there will be further relevant references in that source. Both the claimed subject matter and any aspects that might be logically anticipated to be claimed should be included in the search. The examiner must take into account the coverage, strengths, and weaknesses of the available search tools appropriate for their chosen field while deciding which search tools to utilize. Each examiner's unique demands will determine the search techniques they use, with examiners in highly busy, high-technology fields—where patent documentation might not keep up with invention—getting special consideration. To ensure a thorough search under these circumstances, NPL and specific search tools may be required. Automated search solutions frequently include both text and categorized search functionality, with a combination of both being required in the majority of technologies. However, it can be difficult to effectively explain search demands in textual words, particularly in mechanical arts. In certain situations, it could be essential to use broader text terms or to browse all patent documents inside one or more classifications. Each case must be evaluated individually to establish the best search method for the tool(s) used, with [...]