Kim, Lahey & Killough Law Firm is an intellectual property and business law practice which spans business disputes and resolutions, patents, trade secrets, intellectual property protection services, contract enforcement, internet and privacy law, and more.
A patent is the grant of a property right for an invention issued by the United States Patent and Trademark Office (USPTO).
Patent owners have “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.
In the U.S., patentable subject matter includes any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
Patentable subject matter must be also novel and non obvious when compared to previously known inventions.
One of the first questions from an inventor, and one which requires a bit of a summary. For those that are interested in greater detail, we recommend setting up an appointment. The United States Patent and Trademark Office provides a wealth of helpful information to inventors at https://www.uspto.gov/patents-getting-started/general-information-concerning-patents.
At the most basic level, in order for your invention to be patentable, it must be both (1) new and (2) non-obvious.
“New” means there is nothing else exactly like it.
“Non-obvious” means there must be protectable differences between your invention and any existing products and patents that would not have been obvious to someone skilled in the relevant area of technology at the time you created the invention.
If you believe that the differences in your invention are non-obvious and they would be valuable to protect, you should contact us for an appointment to determine the best way to proceed.
The USPTO website has an excellent step by step guide including information on the following:
1. Determine the type of Intellectual Property protection that you need. Do you need a patent, a trademark, a copyright or do you need to protect your trade secrets or a combination of the above?
2. Determine whether your invention is patentable. Note that a patent may be applied for only in the name(s) of the actual inventor(s). First you must know what can and cannot be patented:
What can be patented – utility patents are provided for a new, nonobvious and useful: process, machine, article of manufacture, composition of matter, or an improvement of any of the above.
Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article of manufacture or (2) asexually reproduced plant varieties by design and plant patents.
What cannot be patented – laws of nature, physical phenomena, abstract ideas, literary, dramatic, musical, and artistic works (these can be Copyright protected). Nor inventions which are not useful (such as perpetual motion machines); or offensive to public morality.
Note: Inventions must be Novel, Nonobvious, Adequately described or enabled (for one of ordinary skill in the art to make and use the invention) and Claimed by the inventor in clear and definite terms.
3. Conduct a Patent Search: check if your invention qualifies for patent protection, nationally and internationally.
4. Determine what kind of patent you need: There are three types of patents – Utility, Design, and Plant.
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. By far, most patent applications filed at the USPTO are utility applications.
Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
5. Your patent application is then completely prepared and submitted to the patent office along with the required filing fees.
6. Your application is next reviewed by a USPTO patent examiner.
7. Once approved by an examiner and you receive your approval you will receive a notice of allowance. After the payment of issuance fees, your patent grant will be mailed on the issue date.
8. Once you receive your patent, it is important to maintain your patent protection.
It is important to note that maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents.
If the maintenance fee and any applicable surcharge are not paid in a timely manner, the patent will expire.
After performing the above steps, you must then search to see if your invention has already been publicly disclosed as you cannot get a patent if your invention has already been publicly disclosed.
In addition to a thorough search of all previous public disclosures, a search of foreign patents and printed publications should also be conducted.
If you are not experienced in performing patent searches, our registered patent attorneys may perform a search for you.
Our focus on strong, lasting relationships has also led us to offer alternative billing arrangements for clients seeking to avoid the traditional hourly billing model.
We acknowledge that each business operates differently and that our billing arrangements must be flexible enough to serve our clients’ unique needs.
The cost of a patent can vary greatly depending on the type of patent (utility, design, plant), the technology involved, and many other factors. The simple fact is, however, that drafting a quality patent application takes time.
The cost of a patent application will be determined by a number of considerations:
How complex is your invention?
Do you need international protection?
Do you need expedited service?
Do you want to file a provisional or nonprovisional application?
Our attorneys will work with you to best answer these questions and provide sound business counsel to provide the maximum protection benefits for your invention and, if applicable, your business.
Fees will apply for a patent search, professional patent drawings, possible additional claims, and USPTO filing, issuance and maintenance fees.
The timeline to secure a patent may range from one to five years depending on the type and complexity of patent application.
Our patent attorneys will be able to better determine a timeline after an initial consultation with you to discuss your specific matter.
Of course! It must be a new and useful process, or a new and useful improvement, but software patents are integral to this generation of innovation and growth. Kim, Lahey & Killough Law Firm has significant experience in protecting software and computer programs.
No, you don’t. However, a US-patent will grant the right to exclude others from making, using, offering for sale, or selling the invention in the United States or “importing” the invention into the United States.
Thus, while you don’t need a patent to make and sell and invention, you do need one to stop others from copying your invention.
When it comes to patents, you don’t need us to describe your invention; you need us to define your invention for the U.S. Patent Office. We know there is often an innovative concept that is bigger than your specific product. We can help you identify the core concept and seek protection and a competitive advantage in the marketplace.
Accordingly, we can work with you to evaluate the intellectual property protection potential of inventions and create IP protection strategies to further these potentials, both domestically and internationally.
Kim, Lahey, & Killough attorneys have over 120 combined years of experience providing legal services, counseling and representation in the highly specialized and regulated areas of patent law and intellectual property law.
That experience translates to hundreds of patent applications filed and prosecuted in both the U.S. and foreign countries and experience with contested proceedings in the European Patent Office as well as litigation in US District Court and the Court of Appeals for the Federal Circuit.
Kim, Lahey & Killough patent law attorneys can discuss the intricacies of inventions with engineers, chemists, researchers and scientists, and relate that information to a patent examiner not familiar with a particular field…or in litigation: to a jury.
Our registered patent attorneys alone have over 120 years of collective experience in all areas of intellectual property and patent law to include:
Our areas of practice include a broad range of technologies to include:
Our patent law clients have household names in a variety of industries including:
Kim, Lahey & Killough Law Firm uses a client-centric focus to structure, protect and defend your intellectual property assets and help your business succeed.
Whether you are a potential client or an attorney who needs help on an IP-related matter, we will be happy to assist you.
