In Part 1 of this Article, we discussed the four statutory categories of inventions created by the U.S. patent laws: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this […]
Are computer-related inventions patentable in the U.S.? – PART 1
Computer-related inventions present challenges for the U.S. Patent system. There are a number of issues involved. For example, there is the issue of whether a computer-related invention incorporates an abstract idea, but that is saved for later articles. This article addresses preliminary issues of whether the computer-related invention falls within one of four permissible statutory […]
Should I infringe a Product which is Patent Pending?
Whether one may safely copy a product which is merely “patent pending” depends on a variety of circumstances. Preliminarily, a “patent pending” designation on a product indicates that a patent application has been filed for the product, but it has not yet issued into a patent. Normally, one cannot be sued for patent infringement for […]
Why are patent applications so slow and costly?
There is no one-size fits all for U.S. patent applications. There are options for both those who are well-financed and need broad patent protection, for those on a tight budget, and for those who just need to get something quickly filed before they deliver a presentation at a conference. Before discussing timeline and budget, a […]
What is a Provisional Patent Application?
A U.S. provisional patent application is one that can sometimes be quickly and cheaply filed to obtain a filing date for an invention. Under today’s “first-to-file” system, the first of two competing independent inventors (e.g both invented similar products) to file a patent application and obtain a filing date prevails over the other inventor who […]
How to check the status of a patent application?
How can one check the status of a U.S. patent application? Well, that depends on whether the patent application has been published or not. In the simplest case, U.S. patent applications are published 18 months after filing. The 18 month timeframe may be shorter if the patent application validly claims priority to the filing date […]
