Frederick Patent Lawyers
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Legal Services Offered by Our On-Demand Frederick Patent Attorneys
Our experienced Frederick 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 Frederick 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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- 7 min read
What Does Patent Pending Mean?
Patent pending means that an application has been submitted to the United States Patent and Trademark Office (USPTO). When you submit an application for a utility, design, or plant patent, the USPTO issues a patent pending serial number, which serves to alert competitors and the public that you are in the process of seeking a patent on your invention.
The patent pending status does not protect the invention, and you can't sue for infringement if someone copies your idea. You only get full legal protection on your idea once the USPTO approves the patent. So, once you receive approval for your patent application, you can take legal action agai
- 10 min read
What is a Provisional Patent?
A provisional patent application is a primary, succinct, and simplified description of a hoped-for patented object. It is a place holder for a complete patent application.
The provisional application is valid for a year, during which time you can develop the idea and decide whether you would like to continue with a true patent application. Meanwhile, your rights to the creation you described are protected. Provisional applications have been used in the U.S. since 1995.
It is important to note that the U.S. Patent and Trademark Office does not fully review such applications, as they are temporary and will not necessary become active patents. The registration of the provisional patent simply protects your rights for a time. After the one year period, the provisional patent expires.
When to Create a Provisional Patent Application
- 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
Patents: What Are They?
Understanding how to patent something is a part of knowing how to patent an idea. Patents are legal documents that describe, illustrate, and register your original invention, design, or discovery. There are four types of patents:
- Utility Patents: These cover things like machines, processes, and systems.
- Design Patents: These cover manufacturer designs and the way things look.
- Plant Patents: These cover plant discoveries, developments, or reproductions.
- Provisional Patents: These are preliminary patents that create a record of your idea while you work to develop it. They also allow you to claim "patent pending" status. You can convert this to a full utility, design, or plant patent within one year of filing.
Why Are Patent
- 13 min read
Markman Hearing: What Is It?
A Markman hearing is a court hearing in which a judge determines the meaning of disputed words in a patent infringement lawsuit. A Markman hearing is also known as a construction hearing. When a judge determines the meaning of the disputed words, it's called claim construction.
To determine patent infringement, a jury must fully understand the definition of words used in the patent. A patented invention must be described with precise wording on its patent application. This wording and the defined definitions from the Markman hearing is what jurists use to determine if patent infringement has occurred.
The name "Markman hearing" comes from a 1996 Supreme Court case Markman v. Westview Instruments, which decided that judges were better than juries in determining claim construction.
Judge and Jury Responsibilities in a Markman Hearing
In a patent infringement case, the judge a