Photo by Alexandra Serna, Courtesy of Vizcaya Museum and Gardens
June 15, 2020 | by Ury Fischer | Patent Law
A patent is the grant of a property right from the government to the inventor. A patent provides its owner the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States. Once the patent expires, the invention enters the public domain and […]
June 15, 2020 | by Ury Fischer | Patent Law
The United States laws provide for three different types of patents: Utility Patent: A utility patent may be available for inventions which are novel, useful, and non-obvious. Utility patents can be obtained for the utilitarian or functional aspects of an invention. Utility patents have a term of twenty years from […]
November 20, 2018 | by Ury Fischer | Patent Law
Not all inventions are patentable. An invention must fall within one of four categories provided in the U.S. patent laws. These categories include: machines, articles of manufacture, composition of matter and processes. Also patentable are any improvements made upon these categories. As a result, laws of nature, mathematical formulas, and […]
November 20, 2018 | by Ury Fischer | Patent Law
The inventor should consider commissioning a preliminary patentability search prior to applying for a patent. A search will provide information concerning whether the invention is patentably distinct from inventions already patented (“prior art”). While preliminary patentability search is not a prerequisite to filling a patent application, it is highly advisable […]
November 20, 2018 | by Ury Fischer | Patent Law
The inventor must realize that a patent must not be obtained if the invention was on sale or in public use in the U.S. or described in a publication anywhere in the world, more than one year prior to the filling of the application. If an inventor markets or sells […]
November 20, 2018 | by Ury Fischer | Patent Law
Once an application has been filed, the owner of the application may use the words “PATENT PENDING”. While this language does not confer any substantive rights, it serves to put the public on notice of the pending application and is a deterrent to infringement. During the pendency of the patent […]
November 20, 2018 | by Ury Fischer | Patent Law
Once the patent office grants a patent, the patentee may notify the public of the existence of the patent by adding the words “patented” or “U.S. Patent No.” along with the patent number, to be marked on the articles marketed or sold in conjunction with the patent. In the absence […]
