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Importance of Patent Law
Contrary to a common public misunderstanding, a patent is not a right to practice or use the invention. A patent provides the right to prohibit others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, usually 20 years from the filing date. A patent is effectively a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply discarded.
A patent is an exclusionary right. It gives the patent owner the right to prohibit others from infringing the patent. That does not, however, necessarily give the owner of the patent the right to exploit the patent. For example, many inventions are improvements of prior inventions which may still be covered by someone else's patent. If an inventor takes an existing patented mouse trap design, adds a new feature to make an improved mouse trap, and obtains a patent on the improvement, he or she can only legally build his or her improved mouse trap with permission from the patent holder of the original mouse trap, assuming the original patent is still in force. On the other hand, the owner of the improved mouse trap can exclude the original patent owner from using the new improvement.
A patent attorney is an attorney who has the expert qualifications needed for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The titles patent agent, patent attorney and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are transposable, in others the latter is generally used only if the person qualified as a lawyer.
In the United States, a practitioner may either be a patent attorney or patent agent. Both patent attorneys and patent agents have the same license to stand for clients before the Patent Office, part of the United States Patent and Trademark Office (USPTO). Both patent agents and patent attorneys may arrange, file and prosecute patent applications for their clients before the Patent Office. Patent agents and patent attorneys may also supply patentability opinions
Filing a patent application is very hard and intricate. Filing a trademark application is not easy. Filing for copyright protection is the easiest. Patent offices will not assist you in the preparation of applications; however, they do provide you with some instruction and guides. If you are ready conduct any intellectual property activity as a beginner you are strongly advised to contact a registered patent attorney or agent.
Applicants may prepare their patent applications and file them without help from a patent attorney. Nevertheless, given the difficulty of patent documents and the legal skills required, it is worthwhile to seek legal assistance from a patent attorney or patent lawyer when drafting a patent application. In addition, the legislation of a country may require that the applicant whose ordinary residence or principal place of business is outside the country be represented by an attorney or agent who is a resident and practicing in the country.
The Law Office of David P. Gaudio, P.C, The Inventors Network, Inc., provides assistance and information to inventors when patenting and marketing their invention. This patent attorney has experience negotiating in various area including, but not limited to, the following: Labor unions, Multimillion dollar real estate transactions, Civil and criminal out- and in-court settlements, Employment contracts, Land sale contracts, and Commercial and residential purchase agreements and leases.
The Inventors Network will assign a representative to you that will answer your questions and supply you with the information needed to help you make the most educated, informed decisions about the future of your invention.
For more information on Patent Law, please call us toll-free at 1-888-477-9773.
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