Eureka Patent Lawyers
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Legal Services Offered by Our On-Demand Eureka Patent Attorneys
Our experienced Eureka 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 Eureka 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 Analogous Art?
Analogous art refers to a method of criteria that patent reviewers and courts use to determine whether an idea is too similar to another invention and therefore qualifies as prior art. When looking at a patent application, the reviewer will determine whether the idea is novel and non-obvious to a person of ordinary skill in the claimed field of endeavor.
Some ideas and inventions are so diverse or remote that a person of unordinary skill would be highly unlikely to understand them. If the idea or art is this unique and diverse, it is often referred to as non-analogous and doesn't qualify under the prior art requirement of patent review. However, analogous art that is too similar to another invention or idea will likely not qualify for patent protection.
The analogous art test is very specific. Art is considered analogous when:
- It is reasonably similar to the problem that the inventor faced; or
- 5 min read
What Is a Provisional Patent Search?
You can't do a provisional patent search online since they aren't published. That's because provisional applications do not yet hold any patent rights; they're just used to get a priority patent filing date. More than that, reading a provisional patent wouldn't do you much good since the patent hasn't yet gone through the whole patent process. That's why you should search for issued and pending patents rather than provisional patents.
You can search for issued or pending patents before submitting your own patent application to see if there's anything related to your invention in the public domain or currently protected by patent law. You also need to review documents and drawings of existing patents to find similar concepts.
A patent search keeps you from wasting time and money on an invention that may be diff
- 27 min read
What Is a Patent Infringement Case?
Patent infringement cases result when a patent owner, or any entity who holds sufficient interest in a U.S. patent, files legal action against someone they claim is using the patented creation without permission.
Your defenses in a patent infringement case can include:
- Invalidating the patent
- Claiming non-infringement
- Citing prior use, first sale or repair doctrines, inequitable conduct, patent misuse, or limitation on rights
- Laches, formerly an important defense, may soon no longer be valid
Overview of a United States Patent
United States patents are issued by the U.S. Patent and Trademark Office (USPTO). They cover all useful and non-obvious inventions. A patent gives you the right to prevent others from making, using, selling, offering for sale, or importing the patent
- 6 min read
What Is a Patentability Search?
A patentability search is a type of patent search that gives you valuable information about whether your invention will qualify for a patent. The search allows you to compare your invention with prior art.
The patentability search is the most common of all the different types of patent searches. It is otherwise known as a novelty search or a prior art search. Its goal is to make sure that your invention hasn't already been created by someone else. The search lets you compare your invention with prior art. This includes both preexisting patented and non-patented inventions.
Novelty searches and state-of-the-art searches are related. A state-of-the-art search prov
- 12 min read
What Is the Patent Pending Process?
The patent pending process means you've filed a patent application that's now pending with the U.S. Patent and Trademark Office. The office is also called the U.S. Patent Office or the USPTO. Another term for your invention is intellectual property.
Getting funds for an invention requires talking about it. But many inventors don't want to discuss their invention because they may lose patent rights to it, or someone might steal their idea. In the U.S., you have one year to file a patent application after you first publicly discuss the invention. That's why many inventors quickly file a utility patent application. Once you file an application, your invention is in the patent pending process.
When an invention is patent pending, the USPTO has neither granted the patent to the applicant nor has it listed it as abandoned. The patent pe