Detroit Patent Lawyers
Why Hire a Patent Lawyer
If you're considering a patent for an invention or find yourself in need of a lawyer because your patent has been infringed upon, there are several ways that a Detroit patent attorney can be of help to you.
Patent Search: A patent search is the first step in deciding whether or not your invention is eligible for a patent. Anyone can complete a patent search, but it's best completed by a patent search expert. To complete a patent search, you must search the databases of all previously approved patents. You're searching the databases to make sure that your invention wouldn't infringe upon any previously granted patents. As long as your invention is new and novel, you can move on to the patent application process.
Patent Application: The patent application process is a complicated, multi-step process. During the patent application process, there's the provisional and non-provisional patent application. When you and your patent attorney submit your non-provisional application, it's important that you meet all of the requirements set forth by the United States Patent and Trademark Office. If those requirements aren't met, it's likely that your patent application will be denied. After a patent denial, you can either appeal the decision or submit a new application that meets the demands of the USPTO.
Patent Infringement: A patent lawyer can also help you to protect your patent against patent infringement. Patent infringement can result in a fine for the infringer. Patent infringement is any unauthorized use of an invention that is protected by a patent.
There are also different kinds of patents. A top Detroit patent attorney can help you to know which type of patent is right for your invention. The different types of patents might include:
Utility Patent: A utility patent is what is commonly known as an invention patent. A utility patent can protect anything that is a new or improved product, process, or machine. The major stipulation to be approved for a utility patent is that the product must be useful.
Design Patent: A design patent protects the ornamental or aesthetic design of a product. For example, the shape of a Coca-Cola bottle is protected by a design patent.
Plant Patent: A plant patent is just what it sounds like, a patent to protect a new type of plant. The new plant must be created or discovered and asexually reproduced to be eligible for a plant patent.
How to Find the Best Patent Lawyer in Detroit
When choosing a Detroit patent attorney, it's important that you choose the best lawyer for you and a lawyer that has all the right credentials for your patent application or patent infringement case. A top Detroit patent attorney should have the following qualifications.
Your lawyer should be a member of the State Bar of Michigan and be allowed to practice law in the state.
Your lawyer should be in good standing and have no complaints filed with the Michigan Attorney Grievance Commission.
Your lawyer should have experience working in patent law and patent infringement litigation.
Your lawyer should have the time to take on your case and be able to dedicate fully to your patent application process.
Your lawyer should have expert experience in the type of patent that you're applying for. Many patent lawyers also have a bachelor's degree or specialization in one type of patent law.
Before hiring a Detroit patent lawyer, take the time to meet and discuss your needs. Top patent attorneys in Detroit offer a free first-time consultation. This consultation is also the time to assess if your personality meshes with that of the lawyer. A patent application is a collaboration between patent lawyer and inventor. The inventor knows their invention the best and will need to describe the invention in great detail to the lawyer writing the patent application.
Questions for a Patent Lawyer
Is it necessary to hire a patent attorney when filing a patent?
Should I file a provisional or nonprovisional patent application?
Will communication be directly to the lawyer or through a paralegal or secretary?
Have you worked as a patent examiner at The United States Patent And Trademark Office (USPTO)?
Will I need international protection for my patent?
How much does a patent application cost? How much do you charge?
How many patent searches does your firm do each year?
How many patent applications does your firm file each year? What is your patent approval rate?
How can I maintain and protect my patent?
What experience do you have with patent infringement litigation?
How many patent specialists work at your firm and how many years of experience do they have?
If you have questions about the benefit of a patent for your invention or what information must be included in a patent application, a Detroit patent attorney can help. A Detroit patent lawyer can help at any stage of your patent application, whether you need a patent search, a provisional patent application, a non-provisional patent application, or a patent infringement lawsuit.
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Legal Services Offered by Our On-Demand Detroit Patent Attorneys
Our experienced Detroit 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 Detroit 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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- 10 min read
What Is a Terminal Disclaimer?
A terminal disclaimer is a type of limit on a patent. If an inventor has an invention he or she has a patent for, the inventor might make small changes to the invention and file a patent for the same invention with these changes. If the United States Patent and Trademark Office (USPTO) gives a second patent to the inventor, the second patent will have a terminal disclaimer attached.
The terminal disclaimer means the second patent expires when the first patent does. It also means the inventor can only enforce the second patent if he or she owns both patents. If the inventor sells the first patent, he or she can't enforce the second one.
Why Is a Terminal Disclaimer Important?
Usually, if you're an inventor you can't file a second patent on
How Long Does Patent Pending Last: What Is the Process?
Patent pending starts from the time you submit a patent application to the U.S. Patent and Trademark Office (USPTO). It ends when they grant or deny you a patent. Most applications are pending for one to three years. However, it can take three to five years or longer for applications involving software or electronics.
The patent pending process begins the moment the USPTO receives your patent application. It can be a provisional or non-provisional application that starts the patent pending process. The process continues until the USPTO issues a patent or denies your application. But it can also end if you abandon your application. The length of patent pending depends on the backlog at the USPTO and the complexity of the application.
How to Get a Patent Pending
- 9 min read
Parker v. Flook: What Is It?
Parker v. Flook was a 1978 Supreme Court case involving catalytic converters that established the basis for patenting software. It involved alarm limits on a catalytic converter in an oil refinery.
Catalytic converters only work under certain pressures and temperatures. A catalytic converter's pressure ranges are known as alarm limits. These can change during conversion.
Dale R. Flook came up with a method to adjust alarm limits as they changed during conversion. He filed for a patent for this method. The patent was denied because the method's only novel feature was a mathematical formula, which is not patent eligible. The appeal board of the United States Patent and Trademark Offices (USPTO) upheld this denial.
The Court of Customs and Patent Appeals (CCPA) reversed the decision. They stated that even if the method had limited applications, this did not mean it was ineligible for patent
- 6 min read
How to File a Patent
Learning how to file a patent is complex as it requires you to send written statements about your design or invention, fill out the correct paperwork for the United States (U.S.) Trademark and Patent Office (USPTO), create detailed drawings of a product you want to patent, and pay the patent fee. When you file a patent, you create a public disclosure of your design or invention.
Steps to File a Patent
As of March 2013, the USPTO gives patents based on the first person or company to file the patent, not the first person or company to invent it. This "first to file" legislation can motivate inventors to file faster to protect their intellectual properties.
Keep track of how you shape your product or process during the concept stage.
Create a working prototype of your product or invention.
Keep your invention
- 8 min read
Patent Law: What Is It?
Patent law is part of intellectual property law and controls what inventions qualify for patents, the patent application process, and how patent infringement is handled.
If you want to get legal protection for your inventions, you should understand the basics of patent law. It may also benefit you to have some knowledge of overall intellectual property law, the background of patent law, what requirements an invention must meet before it qualifies for a patent, and some of the issues that make patent law difficult to navigate.
What Is a Patent?
A patent is a property right that gives an inventor the legal ability to stop others from making, using, or selling an invention for a certain amount of time.
There are three distinct types of p