Who may file a patent application? A patent application may be filed by the original inventor(s) or an authorized representative of the inventor. Authorized representatives include authorized representatives such as family members of licensees. Who is an inventor? An inventor is a person who makes new inventions, devices that perform some kind of function. The devices are mostly electrical or mechanical. Someone…
Examining Authority The USPTO is the examining authority for patent and trademark applications and grants patent and trademark rights. By granting these rights the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch “promote the Progress of Science and useful Arts, by securing for limited Times…
File a provisional patent application or use a nondisclosure agreement before talking to anyone about your ideas. Provisional Patent Applications A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has…
Source: USPTO.GOV Listed below are the stages through which an allowed patent application goes within the PTO. When the examiner allows an application a message concerning the application number is sent to the Office of Data Management. The application is then electronically exported to Initial Data Capture (IDC) for electronic capture of the patent file….
The USPTO fee schedule is subject to change and there is no refund after paying a fee. Certain fees do not apply to design or provisional patent applications. Source: USPTO.GOV Fee Code 37 CFR Description Fee Small Entity Fee Micro Entity Fee Patent Application Filing Fees Back to Top 1011/2011/3011 1.16(a) Basic filing fee – Utility…
Protecting Intellectual Property Rights (IPR) Overseas Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent…
Who May Apply For A Patent According to the law, the inventor, or a person to whom the inventor has assigned or is under an obligation to assign the invention, may apply for a patent, with certain exceptions. If the inventor is deceased, the application may be made by legal representatives, that is, the administrator…
Patent Searches If you are interested in filing a patent application to protect your invention it is always a good idea to first conduct a patent search to help make sure that there are no patented inventions that can be found that are closely similar to your own invention. We can help you if you are…
What is the best way to protect your business ideas? Insure yourself Hire a competent Attorney Protect your files Protect your bottom line All of the Above Start early, keep it simple, and don’t try to hide stuff from your creditors. There’s a gambling saying that goes something like, “If you want to be a…
We are pleased to announce Fraline’s selection to Super Lawyers Rising Star 2016. Fraline has been named a Rising Star in the area of Intellectual Property by Super Lawyers Magazine in 2014, 2015 and again for 2016! The designation of Super Lawyers Rising Star is reserved for the top 2.5% outstanding Illinois attorneys under the…
