Patent Attorney Overview

Lawyer Assistance Protecting Inventors

Under the laws of the United States, people are encouraged to create new products, ideas, and ways of doing business and earning an income. One benefit that is provided to these innovators is the ability to obtain a patent for their inventions.

If you need to register a patent for something you have created, or if you need to resolve a dispute related to patent infringement, it is important to work with a skilled intellectual property attorney. An experienced lawyer can work to protect your rights and ensure that you are able to earn the income you deserve for your creations.

Patent Law

When someone creates a new invention or makes a new discovery which can be used to turn a profit, they may apply for a patent with the U.S. Patent & Trademark Office (PTO). If granted, a patent will give a person the exclusive rights to make, use, or sell their invention. Patents will typically last for 20 years after the date the patent application was filed, and a patent holder may grant licenses to others to use their patent, or they may sell or give their patent to someone else.

Patent laws identify three types of patents:

• Utility patents - These patents apply to new, useful processes, machines, or chemical compositions, as well as improvements to previously existing processes. Utility patents protect the workings of objects or processes.
• Design patents - These patents apply to the ornamental shape or configuration of objects. Design patents protect the appearance of an object rather than its features or functions.
• Plant patents - These patents apply to plants (such as flowers, vegetables, or trees) that are new and distinct from existing plants. Plant patents will only be granted if a plant can be reproduced asexually (that is, by cutting or grafting rather than through seeds).

If someone uses a patented invention without permission, a patent holder may bring a patent infringement case against the offending party. This is a civil lawsuit that may ask for a court to issue an injunction prohibiting the infringer from continuing any infringing activities and order them to pay damages that are equivalent to a reasonable royalty fee, as well as any other costs, such as attorney's fees.

If you are planning to obtain a patent for an invention or design you have created, a patent attorney can help you make sure you have met your legal requirements when filing an application. A lawyer can also assist in preventing people from infringing on your existing patents and provide representation in patent infringement litigation.