PATENTS 101

Note: The information provided in this website is for general information purposes only and does not, in any way, constitute legal advice or legal opinion.

We've provided below some basic facts around U.S. Patents and the patent system.

1. U.S. Patents grant the patent holder the right to exclude others from making, using or selling the patented invention. They do not give the patent holder the right to make, use or sell the patented invention. This is not necessarily an intuitive concept and should be discussed with a patent professional as needed for further elaboration.

2. In general, U.S. patent life extends twenty (20) years from the date of filing if all government maintenance fees are paid. The patent office occasionally grants "term extensions" that extend patent life if the examination process takes unusually long.

3. Patent applications are not like applications for a job or a credit card. They have very specific statutory and regulatory requirements as to form and content. It's highly suggested that you seek and retain the services of a patent professional (whether or not you choose FPS) to assist you with your patent application needs.

4. Patents define the boundaries of your "intellectual property" right – and are therefore often likened to the deed that you might have that defines the boundaries of your property right in land. In patents, these boundaries are defined by numbered sentences at the end of a patent application called "claims". We typically suggest that you read over an issued U.S. patent (Click Here) to get a general "feel" for claims and patent form/content requirements.

5. At the highest level, the patent examination process involves a government employee with the title of patent examiner reviewing your application to (i) confirm compliance with all form and content requirements and (ii) evaluate whether your "claims" define the boundaries in a way that does not extend into other patents or publicly available materials (called "prior art"). The majority of applications are rejected on one or more bases at first and require some "back-and-forth" correspondence between the examiner and the applicant (or his/her representative). Pendency time for an application varies widely with the type of technology involved; however, 18-24 months can be a reasonable start point.

We welcome your inquiry to discuss any of these points in more detail.