Can someone get around my patent by making a simple change to my invention?
Help Getting Started, Frequently Asked Questions, Patent FAQ...The claims define the scope of protection for a patent afforded to the actual inventor. Patent law requires the applicant to swear, or affirm, that he believes himself to be the true inventor of the art, machine, or improvement, for which he asks for a patent; and further that he shall deliver a written description of his invention, in such full, clear, and exact terms, that any person, acquainted with the art, may know how to construct and use the same.
Related QuestionsHow do I patent my invention?
Frequently Asked Questions - Ask Us from A J ParkYou need to file a patent application in New Zealand or elsewhere together with a patent specification. A patent application is normally filed first in New Zealand with a provisional specification which broadly describes the invention. The provisional specification should include drawings (if appropriate) and some technical detail on at least a prototype of the invention or experimental results obtained.
Related QuestionsWatermark - Frequently Asked QuestionsYour invention has to be new enough before you can get a patent. In some cases we will know about previous inventions that are close enough to your invention to stop you getting a patent. In most cases, it will be necessary to do a search to find out if your invention is new enough for you to get a patent for it. There are also some things that, as a matter of public policy, cannot be patented. An old example is the case of the 'exploding safe'.Related Questions
Can I get a patent on something simple?
Inventor Services - Frequently Asked QuestionsYes, as long as you satisfy certain statutory requirements. Complexity is not one of the legal requirements for patentability. The patent statutes require that the claimed invention must be new, useful, and nonobvious to one "of ordinary skill in the art" in view of what has already been done.
Related QuestionsOnce I have applied for a patent, how do I get my invention to market?
Chicago Law Firm - Patent Law, Copyright Laws, Trademark Law...Your basic choices are: do it yourself, license to one or more manufacturers, or sell your rights completely. Doing it yourself means taking on all of the risk and responsibility of manufacturing or outsourcing, quality assurance and marketing. If all goes well, you make the most money this way, but if business is poor, you can lose your shirt. Many inventors prefer to license their inventions to existing manufacturers.
Related QuestionsWhen does an invention not warrant a patent?
Webb Law Firm - Our OfficeMany inventions do not warrant a patent. You can generally manufacture a product without one, assuming it does not infringe someone else's patent. A patentable invention is generally defined as an invention that is novel and not obvious. Obtaining a U.S. patent can cost thousands or tens of thousands of dollars and take three or more years. Fad items and recipes usually do not justify protection.
Related QuestionsUPRP - GlossaryFile an application. Filing a patent application or a utility model application with the Patent Office requires submission of an appropriate documentation to the PPO. You need to submit a request with a description of the solution, claims of the subject matter, an abstract and drawings.Related Questions
Should I patent my invention before, or after, publishing details of it?
Intellectual Property Department - FAQYou need to keep your invention confidential until you file a patent application. Disclosure of your invention before filing may mean that you cannot get a patent because your invention is no longer considered new. You may also want protection for your invention outside Hong Kong, China, so you need to ensure that any disclosure in Hong Kong, China, even after filing, does not prejudice your patent application in another country.
Related QuestionsWhat is a patent, and how can it protect my invention?
Conley Rose / Practice : Patent FAQA patent is a document which describes the invention and concludes with a series of paragraphs called claims, which are the legal definition of the invention owned by the patent owner. A patent gives its owner the right to exclude others from making, using or selling the invention covered by the claims of the patent; it does not give the owner the right to make, use, or sell the invention.
Related QuestionsInventor Services - Frequently Asked QuestionsThe life of a design patent is 14 years from the date it is issued by the USPTO. The life of a utility patent is currently 20 years from its filing date, so long as all maintenance fees are properly paid. The filing date is the date that the application for a patent is received by the Patent and Trademark Office. If priority is claimed to previously filed applications, the patent life may be shorter; 20 years from the filing date of the claimed priority papers.Related Questions
Can I begin marketing my invention before I get the patent?
Fleit, Kain, Gibbons, Gutman, Bongini & BiancoYes, but it is important to disclose ideas under a confidentiality agreement. Even when a confidentiality agreement is used there is no substitute for filing a patent application. A confidentiality agreement is not an absolute guaranty that confidential information regarding the subject invention will not be made public.
Related QuestionsHow do I file my application for an invention patent?
Tradeline News & Market DevelopmentsThe other formal requirements, which are not needed to obtain a filing date, but you may wish to include at the point of filing are: If the priority of an earlier filed application is claimed, the details of the claim, i.e., filing date, file number, and country of origin.
Related QuestionsWhen is it important to patent an invention?
intellipex - Patent Services FAQsU.S. law provides that an application for a patent must be made within one year of the first offer for sale, public use or publication of the invention.
Related QuestionsWhy would TCO not file for a patent on an invention?
University of Georgia: Office of the Vice President for Rese...The invention may be dominated by other patents (or other patents may be needed for freedom to practice). The invention may not be commercially attractive (it may be early stage, in a market of limited size or with strong competitive forces, or involve regulatory approval issues). The invention may be obvious, as defined by U.S. Patent Law, to someone skilled in the art and in light of previously known information in the field. To receive a patent, an invention must be “nonobvious.
Related QuestionsDo I have to have a patent or patent pending on my invention idea?
Staples® Invention Quest® KidsNo patents (pending or final), trademarks or copyrights are necessary in order to submit an invention idea. However, by entering you are representing that to the best of your knowledge, understanding and belief, your invention idea does not infringe any patent, trademark or copyright.
Related QuestionsIs a Limpet Dam your invention? Do you hold a Patent?
Nuttall John MartinNo and Yes. The principle of a dam has been around for centuries, mostly used on ships' hulls, probably by the Romans, and certainly on Henry VIII's fleet. However, the features of a dam, particularly to make a seal against a variety of shapes, a requirement for work with all forms of sheet pile, is novel.
Related QuestionsIf I cannot get a World Patent, how do I protect my invention overseas?
AARPTA: Patents: GuidelinesVirtually every country in the world has a patent system, and you can file separate national patent applications in countries of interest. But this can be very complicated if there is a large market for your invention and you need patents protection in lots of countries. Fortunately, international conventions make it easier by providing for the filing of complete applications covering regions, or groups of countries. In Europe, you can file a single complete patent application.
Related QuestionsI have a patent on my invention. Should I license it or sell it outright?
Ask The InventorsIn our opinion, licensing is the best choice. When you license you will receive an income from your invention without the expense or hassle of manufacturing, distributing and advertising it yourself. Usually, the independent inventor will receive more, in the long run, from a license than they would receive from a one-time lump sum payment. In our opinion, that is a difficult path to follow.
Related QuestionsDo I need a working model of my invention before I can get a patent?
Webb Law Firm - Our OfficeNo. All that is needed is a patent application, featuring a description of your invention, that must be filed with the United States Patent and Trademark Office. This document must be sufficient to permit someone with skill in the field of your invention to duplicate it without undue experimentation. Even if you have only a few rough sketches, a skilled patent attorney will be able to talk with you about your invention to prepare and file such an application.
Related QuestionsIf two or more persons work together on an invention, to whom will the patent be granted?
Thrasher Associate, LLC--FAQAre there any organizations in my area which can tell me how and where I may be able to obtain assistance in developing and marketing my invention
Related QuestionsQ6: Who will be the patentee (owner) of the patent/invention?
Research at HKU - Research ServicesA6: Inventions made by employees of the University in the course of their duties will be the property of the University. The inventor will be required to assign all his/her intellectual property rights in the invention to the University.
Related QuestionsWhat is the difference between a patent and copyright? Can an invention be protected by both?
Patent and copyright protection are complementary. In very general terms, patents protect new technical ideas and principles, while copyright protects the form of expression used. For example, a new sort of paper might be protected by a patent, while the printed content of a newspaper would be protected by copyright.
Related QuestionsWill my invention be published if I file a patent application?
Patents & Inventions - get help from Trevor Baylis BrandsNot necessarily; an application will only be published after 18 months and then only if you have complied with all the formalities.
Related QuestionsDo I need a prototype of my invention in order to get a patent?
Watermark - Frequently Asked QuestionsNo, but you need much the same amount of information as would be shown by a prototype. The Australian patent application process requires that your provisional application "describe the invention". An Australian complete application must "fully describe the invention, including the best method of performing the invention known to the applicant".
Related QuestionsHow can I obtain Global Patent protection for my invention?
intellipex - Patent Services FAQsPatents are generally valid for the territories where they have been registered. To get a patent registered in a foreign jurisdiction, the routes that are available include the following: b) Register your patent with a competent authority having jurisdiction over a group of countries, such as, European Patent Office. c) Register your patent under WIPO's Patent co-operation treaty (PCT). The patent filed under PCT will be enforceable in all nations which are party to this international treaty.
Related QuestionsWhat is the difference between an Invention Promoter and a Patent Attorney?
Common Questions About Patents and Patent Applicationsinvention promoter may offer a variety of business marketing services to promote an invention. Invention promoters are generally not licensed attorneys and are generally not licensed by a state bar or the United States Patent and Trademark Office (USPTO). While there are honest business and marketing groups, an inventor may want to check an invention promoter's success rate or whether complaints have been filed against the invention promoter.
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