Chicago Patent Lawyers
Why Hire a Patent Attorney?
Patent law is complex. It takes a lot of research and gathering of supporting documents before application forms can be filled in and submitted to the United States Patent and Trademark Office. Since lawyers have resources not available to the public, inventors and scientists should hire a specialist in patent law to take care of the patent application process for them.What Is an Attorney?
An attorney is a licensed professional who advises clients on legal matters. Other names in the United States by which these professionals are known include "lawyer," "counsel," and "counselor." In some countries, the term "notary public" describes someone who practices law. This is not the case in the U.S. Here, a lawyer might also be a notary, but a notary is a lawyer. Be certain that anyone you consider hiring in Chicago has a license to practice law in Illinois.What Is a Patent?
A patent for an invention or horticultural discovery grants property rights to the inventor or scientist. The USPTO does not grant the applicant "the right to make, use, offer for sale, or sell" the invention or plant in the United States. Instead, it excludes others from doing so. The patent protects the applicant for a specified number of years.
There are three types of patents granted in the United States. A patent attorney will know which one you need.
- Utility Patent. This type of patent is granted to an inventor or someone who "discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof."
- Plant Patent. This type of patent is granted to a person who "discovers and asexually reproduces any distinct and new variety of plant."
- Design Patent. This type of patent is granted to an inventor of "a new, original, and ornamental design for an article of manufacture."
Among the services offered by patent lawyers are:
- Determining whether an invention is patentable — Is it useful, novel, or innovative?
- Performing patent research for patents awarded in the U.S. and other countries — Are there any potential cases of patent infringement?
- Compiling required data and papers
- Completing all application documents
- Filing patent applications and paying associated fees
How to Find the Best Patent Attorney in Chicago
Of the 50 states and Washington, D.C., Illinois has the fourth-highest number of patent attorneys. If you know someone in Chicago who has been granted a patent, ask them for a referral. You can also browse UpCounsel for the top patent attorneys in Chicago. The following steps will help you narrow down your choices.
Read the Attorney Profiles
- What universities did the lawyer attend?
- What law school did the attorney attend?
- How long has the attorney been practicing law?
- In what areas of business law does the attorney specialize?
- How many clients applying for a patent has the attorney helped?
Meet With the Attorney(s)
When meeting with a patent attorney for the first time, consider the following:
- Where is the office located?
- What are the attorney's office hours?
- How easy is it to get an appointment?
- Is the office professional-looking?
- Does the attorney understand what help you need?
- Did the attorney pay attention to what you were saying?
- Has the attorney applied for their own patent?
- How much of what you need will the attorney ask a paralegal to do?
- How many attorneys work in the office?
- How much time does the attorney have for assisting you?
Do Your Homework
After the initial meeting, there are two more things you should consider.
Disciplinary Actions — Have any disciplinary actions been filed against the attorney or law firm?
Every state monitors the disciplinary actions filed against attorneys. In Illinois, the Attorney Registration & Disciplinary Commission, an agency of the Supreme Court of Illinois, investigates misconduct complaints against attorneys licensed in the state. Call the commission to ask if complaints have been filed against the attorneys you are considering.
- Comfort Level — Will you be comfortable discussing your invention in detail with the attorney?
Do you have any objections to showing your invention to the lawyer and demonstrating its use, if applicable? You need to be able to tell the attorney everything you can about your invention and feel comfortable answering truthfully all questions the lawyer asks.
Questions for a Patent Attorney
- What services does your firm offer?
- Have you assisted clients in my industry?
- Have you helped clients planning a business undertaking like mine?
- Have you worked with companies in the early stages of planning their business venture?
- How can I protect my intellectual property?
- Do I need to trademark anything?
- What licenses do I need?
- What contracts do I need?
- Which attorney in your firm will be helping me?
- How much time will an attorney in your firm spend each week helping me?
- What is your firm's hourly rate?
- Does your rate vary according to the type of work performed?
Why use UpCounsel to hire a Chicago Patent Attorney?
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Legal Services Offered by Our On-Demand Chicago Patent Attorneys
Our experienced Chicago 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 Chicago 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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- 8 min read
What Is a Post Grant Review?
A post grant review is a way of questioning a patent's validity recently issued by the U.S. Patent and Trademark office. The America Invents Act (AIA) created it as a counterpart to inter partes review. Together, they replace the inter partes re-examination. A post grant review is available immediately after the patent has been issued. An inter partes review becomes available after the post grant review period has passed.
Post Grant Proceedings
The post grant review process was designed to allow the proceeds to be quick. The Director needs to set the rules that explain how long the proceedings will last within one year from the start of the proceedings. If the Director can show sufficient cause, he or she can set the rules within 18 months.
The Patent Trial and Appeal Board (PTAB) initially handles post grant review proceedings. They bypass the patent office examiners at t
- 10 min read
What Is a Software Patent Search?
A software patent search finds patents for genres of software, which can identify business trends, software uniqueness, legal information, and more.
Why Is a Software Patent Search Important?
A software patent search helps businesses and individuals figure out what kind of software already exists. If you've developed software or have a software idea, your software patent search tells you what similar ideas are out there. When you want to patent your software, the search helps you figure out if your software is unique enough for a patent.
A software patent search is a legal, business, and personal tool. It's a way to see what the software market is doing. You can check on the software patents that certain businesses hold. Finally, you can find examples to help you write a better software patent application.
- 11 min read
Can You Patent an Idea?
Inventors often wonder, "can you patent an idea." The answer is no. On its own, an idea is not enough to earn a patent. However, an idea can easily turn into a patentable innovation. A person or company simply needs to extend the concept so that it has drawings that qualify for a patent.
What Stops a Person from Patenting an Idea?
The federal government wants to encourage innovation. It grants patents so that people and businesses can profit from their inventions.
The problem with this goal is that many people want patents. A patent is a powerful tool that gives the owner certain rights and privileges. The government has to make sure that a vague claim doesn't get a patent.
The United States Patent and Trademark Office (USPTO) reviews each application and rules on the patent request. A successful applicant must meet set guidelines to earn a patent. Many of these rules prevent the
- 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
What is Intellectual Property for Software?
Intellectual property for software is computer code or software protected by law under either a copyright, trademark, trade secret, or software patent.
Why Intellectual Property for Software Is Important
Software innovation is valuable to individuals, start-ups, and businesses. The law is the best way to protect material such as software. To use the law as protection, programmers and businesses treat software as intellectual property.
When you treat your software as intellectual property, you have more control over who gets to use it and how it gets to the public. Otherwise, people might use it without permission, and you'll lose the chance to get paid when people use your software. In extreme cases, you might lose the right to use software you created.
What Is Intellectual Property?