Springfield Patent Attorneys & Lawyers

What Is Novelty in Patent Law?

When learning how to patent an idea, the inventor needs to consider novelty which is one of three standards an invention must meet to be considered patentable by the U.S. Patent and Trademark Office.

An invention must be novel (new), useful, and non-obvious in order to be granted a patent. The invention can't be prior art, which includes anything found in printed media or described in a pat

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What Are MPEP Intended Uses?

MPEP stands for the Manual of Patent Examining Procedure, which is a manual published by the United States Patent and Trademark Office (USPTO) to help patent attorneys, agents, and patent examiners better understand patent law. The concept of "intended use" is the description of an invention by what it does (its function) rather than what it is (its structure), an important distinction in patent law.

Why Are MPEP Intended Uses Important?

MPEP explains all of the laws and regulations that need to be

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What Is Patent Exhaustion?

Patent exhaustion happens when a patented item, typically under a utility patent, is legally made and sold in the United States and the person who holds the patent gives up all rights to it. 

If you patent your invention and sell it to someone, you give up your rights over the use of that item. This is especially true if the only value in your invention is in its use. This applies to any patented product, but think about your car. The make and model of your car have a patent. As an individual, after you buy the car, you can give it away, sell it, or make any changes you want to it without worrying about being sued by the automaker. However, you can make patented items for sale subject to some terms of sale or license agreements. 

When Patent Exhaustion Doesn't Apply

There are tim

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What Is Startup Intellectual Property?

Intellectual property (IP) for startups includes using copyrights, trademarks, and patents. Safeguarding IP is much easier in the beginning phases of your business than after those ideas have become successful. IP protection puts legal checks on your competition, preventing others from infringing on and profiting from your property. A sound IP strategy from the beginning can also help attract investors, suppliers, partners, and more because this form of protection offers more security with any potential success.

Typically, startups seek protection for inventions, logos, business names, and software. Di

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Patent Claims: What Are They?

Patent claims explain the limits of what a patent covers, and they're an important part of the patent application you file with the United States Patent and Trademark Office (USPTO). Patent claims usually come last in the order of documents. Together with the description, they are known as the specification.

Patent owners rely on patent claims to protect their intellectual property. If someone makes or sells an invention that has the elements in your claims, you can sue.

All claims should have a few key characteristics:

• Complete: Claims should cover the invention adequately and place it in the right context.
• Clear:

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