Mankato Patent Attorneys & Lawyers

Updated October 29, 2020:

What Is Patent Pending Infringement?

As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission. If this happens, they are infringing on your patent, assuming it gets issued. However, you cannot sue until your patent gets issued.

Say you invent something and want to sell it. You need to apply for a patent to prevent others from stealing your work and using it as their own. A patent is the only way to stop others from infringing on your work. The sooner you file a patent application, the better. You are protected from patent-pending infringeme

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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.

1. Keep track of how you shape your product or process during the concept stage.

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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 i

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What Is the Patent Status?

Checking the patent status of your patent application, which is typically a utility patent, is easy through the United States (U.S.) Patent Office and Trademark Office (USTPO) system. Patents for inventions under review by the USPTO carry a patent pending status until the USPTO grants a patent.

How to Check Patent Status

Patent status is available through the Patent Application Information Retrieval (PAIR) system. PAIR gives access to:

• The status of issued patents
• The status of patent applications
• Documents related to patent applications

Available document

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What Are Patent Infringement Damages?

Courts award patent infringement damages to patent holders who can prove that another person or company made, used, or sold a product covered by the patent without the holder's permission. If the court rules in favor of the patent holder, it will decide how much money he will get in damages. The smallest reward paid is typically a reasonable royalty. However, because of the Patent Act, plaintiffs can also recover damages that aren't always available in other cases.

Why Are Patent Infringement Damages Important?

In today's high-tech world, companies aggressively guard their products. One way to do that is by

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