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Patent law is an enormously complex and detailed area of law that takes years of experience and study to even understand. The summaries provided below are but a sliver of a patent applicant must know prior to attempting to get an idea patented. The best thing an inventor can do for himself is to call on an experienced Patent law attorney to provide guidance and proper documentation to protect the idea you've worked so hard with. After all, even if you are successful in a DIY patent, if it's a money making idea, you'll need to be able to enforce it. Call our office today for a free confidential consultation regarding your patent law questions.

PATENT LAW CALIFORNIA

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the us patent office application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed. This is subject to payment of US Patent Office fees. US patent office grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the US patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. It's basically a legal monopoly over something. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a US patent is issued, the patentee must enforce the patent without aid of the US patent office. A patent attorney can more properly explain patent law and steps for getting a patent, and of course if you are seeking a patent attorney to asset you in executing those steps in getting a patent, our California Patent law attorneys can assist you.

THERE ARE THREE TYPES OF PATENT LAW PATENTS:

1) UTILITY PATENT LAW: Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) DESIGN PATENT LAW: Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) PLANT PATENT LAW: Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

PATENT LAW

The Constitution of the United States gives Congress the power to enact patent laws, in Article I, section 8, which reads "Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". Under this power Congress has from time to time enacted various patent laws relating to patents. The first patent law was enacted in 1790. The patent laws underwent a general revision which was enacted July 19, 1952, and which came into effect January 1, 1953. It is codified in Title 35, United States Code. Additionally, on November 29, 1999, Congress enacted the American Inventors Protection Act of 1999 (AIPA), which further revised the patent laws. See Public Law 106-113, 113 Stat. 1501 (1999).

The patent law specifies the subject matter for which a patent may be obtained and the conditions for patentability. The patent law establishes the United States Patent and Trademark Office to administer the patent law relating to the granting of patents and contains various other provisions relating to patents.

The field of patent law and steps for getting a patent are complex, McFarlin & Geurts attorneys are California Patent attorneys who can explain patent law and the role of the US Patent office. Without a California Patent attorney, the process steps for getting a patent can be overwhelming, and the even if successful an inventor runs the risk that patent laws were not followed correctly and the patent is not enforceable. Call our Patent attorneys today to confidentially discuss your patent law needs.