Patents grant their owners a monopoly for a period of time during which a patent owner may prevent others from making, selling, using, or importing an invention disclosed and claimed in an issued patent.
Once a patent application has been drafted, it is filed with the United States Patent and Trademark Office (USPTO) where it will undergo examination and prosecution to determine the scope of protection afforded by an issued patent.
There are three types of patents
Utility patents protect how invention function, including a defined method and a system’s structural elements.
Design patents protect the ornamental elements of a product, excluding those elements whose design is defined by their function.
Design patents protect distinct and new varieties of plants.
Not everything can be patented.
To be patentable, an invention must meet several criteria as determined during prosecution with the USPTO:
It must define patentable subject matter,
It must be novel,
It must be useful, and
It must be non-obvious.
TCP Law provides expertise in all matters relating to the drafting, filing, prosecution, and defending of patents. For more information, please contact us.