- with readers working within the Law Firm industries
- with Senior Company Executives, HR and Finance and Tax Executives
*Disclaimer*
This presentation and its materials aim to provide general public information and entertainment pertaining to American intellectual property law. They reflect the authors' personal views and do not serve as specific legal advice, as legal solutions can vary by case. The content has been simplified for clarity, so it may not be applicable to all situations. Neither authors nor Irwin IP LLP assumes responsibility for the opinions expressed or for any inaccuracies. Additionally, the materials do not establish an attorney-client relationship.
Patent Basics
Patents: Overview and Examples
| Type of IP | Definitions | Examples | Term | Cost |
| Patent (Utility) | New and useful ideas and improvements thereof | Household items, semiconductors, medical devices | 20 years from date of filing of patent application | $$$$ |
| Patent (Design) | New ornamental (nonfunctional) designs | Shape of furniture, fabric patterns, mobile phone interface | 15 years from date of grant | $$$ |
Patents: Definitions
| NEW (NOVEL) | NOT OBVIOUS (INVOLVES AN INVENTIVE STEP) | USEFUL (UTILITY) |
| Has anyone else in the "prior art" already done exactly what you invented? | Has someone else in the "prior art" done something close to what you invented, and would it be obvious to modify what they did to arrive at your invention? | Very low threshold. Essentially, if your invention can do anything more than serve as a paperweight, it probably will meet the utility requirement. |
Patents: Common Mistakes
- Not conducting a prior art search
- Inadequate patent description
- Poorly drafted patent claims (to be or not to be [your own lexicographer])
- Disclosing the invention, method, or process to the public too early
- Waiting too late to file the patent application before a competitor
- Not renewing the patent in time and ignoring maintenance fees
What does a patent look like?
Claims= the fence around the around the property (scope of the legal protection)
Specifications = the blueprint explaining what's inside and how it works
Patent Invalidity – Novel Anticipation/Obviousness
Patent Infringement
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
