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Patents

Celebrating the Unseen Genius: Recognizing the Contributions of Lesser-Known Inventors

In the world of inventions and discoveries, certain names have claimed an indelible spot in our collective memory. Names such as Alexander Graham Bell, Thomas Edison, and Albert Einstein are often synonymous with innovation. However, in the shadows of these towering figures, there are lesser-known inventors whose contributions to society are equally impactful, if not more so. At Tucker Law, we believe in recognizing and protecting the rights of all inventors, regardless of the magnitude of their fame. Today, let's delve into the remarkable stories of these unsung heroes of invention. Innovation Beyond the Limelight The world we inhabit today has been sculpted by countless inventors, many of whom rarely receive the credit they deserve. For example, consider the brilliant mind of Hedy Lamarr, a Hollywood actress and an inventor. She co-developed a frequency-hopping system during World War II, a technology that forms the backbone of modern Wi-Fi and Bluetooth systems. Then there's Elijah McCoy, the African American inventor whose automatic oiling device revolutionized the locomotive industry. His invention was so successful that people started asking for 'the real McCoy,' a phrase that has now become part of our everyday lexicon. Protecting Innovations While we laud the accomplishments of these unsung inventors, it's equally important to discuss how their inventions were protected. The realm of patent law is as complex as it is crucial. At Tucker Law, we understand the importance of securing your inventions and safeguarding your intellectual property rights. Whether you're an inventor in the public eye or a lesser-known innovator, your contributions to society deserve to be recognized and protected. Innovators of the Future As we look towards the future, it's important to encourage and support the next generation of lesser-known inventors. [...]

By |2023-04-28T12:01:15-04:00April 28th, 2023|Lesser Known Inventors, Patents|Comments Off on Celebrating the Unseen Genius: Recognizing the Contributions of Lesser-Known Inventors
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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 [...]

By |2023-03-15T04:45:49-04:00February 28th, 2023|Patents|Comments Off on New Inventors’ Quick Guide to the Patent Process
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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 [...]

By |2023-03-15T04:45:42-04:00February 27th, 2023|Patents|Comments Off on Unsung Patent Heroes: Recognizing the Innovators Behind the Scenes
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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 [...]

By |2023-02-04T20:25:00-05:00February 15th, 2023|Patents|Comments Off on Requirements for Obtaining a Patent Under 35 U.S.C. 101
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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.

By |2023-02-04T20:11:32-05:00February 12th, 2023|Patents|Comments Off on Understanding USPTO Patent Internet Usage Policy
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