Generally speaking, United States patent protection is the only vehicle by which one can exclude all others in the United States from making, using, selling or importing the subject matter which makes up the claimed invention. A patent application is a detailed written description of an invention's structure and function, accompanied by mandatory patent-quality drawings. A patent application has often been described by the courts as the most difficult legal document to draft because it must be written pursuant to strict regulations so as to result in a patent that is valid and enforceable.
A valid patent cannot be granted for an invention that was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the date of the application for patent in the United States. A valid patent application may only be filed in the name of the actual inventor or inventors of the invention over which patent protection is sought. In addition, patent protection is generally unavailable in countries other than the United States if the invention is publicly used or otherwise disclosed anywhere in the world before a patent application is filed.
There are three different types of patents: utility, design and plant. Whether or not something is patentable and can receive the protection which that affords is a matter of federal law.
Call us today today at (904) 717-6325 to join the hundreds of entrepreneurs and businesses who have filed a patent to protect their invention with the assistance of Gibney Law!