Springfield Patent Lawyers
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Legal Services Offered by Our On-Demand Springfield Patent Attorneys
Our experienced Springfield 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 Springfield 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
- 9 min read
What Is Patent Prosecution?
Patent prosecution is the legal right to protect your intellectual property. In a legal sense, the phrase "patent prosecution" typically refers to the plaintiff's side of a patent-related lawsuit. But when looking at patent law as a whole, patent prosecution usually refers to the process of obtaining patent protection on an idea, invention, design, or plant. If a patent holder is looking to take legal action against someone who infringed on his patent, he would seek a litigator who specializes in patent law. But when going through the process of patent prosecution, or applying for a patent, you would want to look for a patent lawyer.
Patent prosecution i
- 6 min read
What Can Be Patented?
An invention can be patented if it has a useful purpose, has patentable subject matter, is novel, and is non-obvious. The patent could cover a composition, production process, machine, tool, new plant species, or an upgrade to an existing invention. Inventors must meet certain government guidelines to get a patent.
What Requirements Must a Person Satisfy to Get a Patent?
To get a patent, the person's invention must meet four requirements:
- The invention must have a useful purpose.
- The invention must meet the legal definition of "novel."
- The invention can't be something that anyone could invent.
- The invention must have patentable subject matter.
Government rules for patents ask certain things of the applicant. They need to show or describe the invention in a way that a patent officer can understand. They don't need a prototype to
- 5 min read
What Is Patent Misuse?
Patent misuse occurs when patent owners abuse their patent rights, typically for utility patents, in a way that prevents normal commerce and trade. It is the first line of defense for people who are accused of patent infringement. When faced with a lawsuit from a patent holder, the goal of the alleged infringer is to prove that the patent owner is using his or her patent privileges to stifle competition.
Over the last decade, the courts have tried multiple times to define patent misuse and how to prove it. While they have made strides, there are still a few gray areas.
Patent Misuse: A Closer Look
Patent misuse means that patent owners try to use their patent beyond what the patent allows. If a judgement is made that this has occurred, the patent becomes unenforceable — even if it is otherwise valid.
- 6 min read
What is a Patent Pending Search?
A patent pending search is a type of patent search that looks for patent applications that may affect whether your invention qualifies for a patent. Patent applications are not published until 18 months after they are submitted. Provisional patent applications are never published. Therefore, it is impossible for a patent pending search to be completely thorough.
Why Is a Patent Pending Search Important?
Even though a patent pending search can't provide you information about all existing inventions that relate to yours, the search is still important. It can give you insight into what your competitors are doing and ideas on how you can improve your invention. It can also tell you if there is any "white space" in your industry, meaning it that will let you know if there are any gaps where your invention might fit in.