Buffalo Patent Lawyers
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Legal Services Offered by Our On-Demand Buffalo Patent Attorneys
Our experienced Buffalo patent attorneys & lawyers represent individuals and businesses throughout the world with domestic and foreign patent preparation and prosecution matters. They have extensive experience handling applications from nearly every sector of technology, including biotechnology, computer hardware and software, communication networks, internet systems and methods, automotive, medical equipment, construction technology, consumer electronics, and clean technology research and development.
Our patent attorneys are of the most highly trained in the industry, requiring a scientific background, and passing a second level of testing known as the Patent Bar Examination. Thousands of patents are submitted to the patent office every day and a patent committee reviews each patent for its validity. The process requires that correctly drafted documentation present a clear case for the novelty of the invention, which is best made by a patent attorney with a higher education background in your industry.
Our Buffalo patent attorneys & lawyers can help you file a provisional patent, which lasts for 1-year and allows you to immediately begin using/manufacturing your invention with the confidence that your idea is protected. These types of patents are great if you think your idea will change a lot over the next year before you file a (non-provisional) patent. These patents are easier to obtain and are less expensive but you should have a patent lawyer review your provisional patent application to insure that you are meeting your objectives when you file your patent.
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- 4 min read
What Is a Patent Claim?
A patent claim is the part of your patent application, typically for utility patents, that explains what it is you are trying to protect.
Patent Claim Construction: What is it?
If you have to accuse a person or company of stealing your idea, you will need to prove there has been patent infringement. This process has two steps:
There is the patent claim, which explains the product's use and makeup.
There is the infringement analysis, which determines whether or not the claim has been violated.
This means you can't determine the second part (and win the case) without having a strong claim.
In most patent courts, the judges (or the juries) are told to focus more on written evidence than physical evidence. Instead of comparing two finished products, they are
- 4 min read
Patent Requirements: What Are They?
Patent requirements are an important part of how to patent your idea that uses four tests to see if your invention or design is eligible to be patented:
- It is statutory?
- Is it new?
- Is it useful?
- Is it non-obvious?
These four patent requirements are also known as patentability requirements and patent eligibility. The United States Patent and Trademark Office (USPTO) establishes these guidelines. If your design or invention passes all four tests, it meets patent requirements.
Steps to Assess Patent Requirements
A provisional patent application is for utility pa
- 10 min read
What Are Proprietary Rights?
Proprietary rights, also known as property rights, are the theoretical or legal rights that an entity has to own property, whether tangible or intangible. Property rights are some of the most basic rights in a free society. They give individuals the right to accumulate, own, hold, delegate, rent, or sell their property. Within economics, property rights form the basis for all market exchange, and they don't always refer only to what's lawful. They might also refer to what is ethical or moral.
The definition of property is expansive. Property can include physical resources, land, non-human creatures, and intellectual property.
Who has the right to what property isn't always clear. If you own a car and the title is in your name, you have property rights to that car. Not every case of property rights is this clear-cu
- 7 min read
How to Get a Patent Pending: What Is the Process?
If you want to get a patent pending, all you need to do is file a provisional patent application (PPA) with the U.S. Patent and Trademark Office (USPTO). Filing the application involves clearly describing your invention and paying a fee ranging from $65-$260, depending on your business size. With the application filed, your invention has patent pending status.
The U.S. Congress set up the provisional patent application as a fairly quick and easy way to get patent pending status. The idea is to let inventors show their work to investors without worrying that they'll steal it. To file a PPA, you need a $65 application fee if you qualify as a micro-entity or $130 if you're a small entity. Larger firms must pay $260. The provisional
- 7 min read
What Is On-Sale Bar?
On-sale bar is a statutory bar found in Section 102 of the United States Patent Act and can make a patent invalid if the claimed invention has been the subject of an offer for sale or commercial sale and the invention is ready to be patented. Other countries have different requirements around private and public sales of patentable ideas, so putting an idea or product up for sale could prevent you from obtaining a patent outside of the U.S. as well.
If you don't file for patent protection with the United States Patent and Trademark Office (USPTO) before putting the idea up for commercial sale, you will lose the opportunity to patent your idea at all. Furthermore, if someone else files a patent application before you do, that person could receive the patent. USPTO reviewers look at the filing date more than the date the product or invention was first u