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Patents

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Patent Protection

Overhauser Law Offices protects intellectual property rights by providing legal counsel for securing patents and in patent protection.

Since acquiring a patent can be a convoluted process and requires familiarity with patent law and patent research, it is advisable to retain expert legal counsel to handle the drafting and legal progression of the application, including any necessary responses or appeals.

If you are considering filing for a patent, contact Overhauser Law Offices to schedule a consultation. Our lawyers will consider your invention in light of current patent law and advise you of the best course of action.

If you hold a patent but suspect someone is infringing on your exclusive rights to make, use and sell your invention, or if you have been accused of infringing on someone else’s patent, Overhauser Law Offices can help. Our attorneys are experienced in patent litigation, and can advise you of the most efficient way to proceed when you contact us.

The Patent Process

The United States Constitution allows registration of new processes, plants and designs to give inventors the exclusive right to make, sell and use their products. Any new, useful and non-obvious invention may be patented. Patents issued in the U.S. last up to 20 years, and generally cost a minimum of $4,000 (U.S.) over the lifetime of the patent, including maintenance fees.

The patent application process can be extremely complex. Inventors must submit documentation of the invention’s specifications, including a description and legal claims, as well as a declaration of the inventor’s identity. Each component must adhere to specific government standards. Successful patent applications are well-researched, and include references to previously published material and previously patented products to prove the invention’s innovations and usefulness.

A patent submitted to the U.S. Patent and Trademark Office is reviewed by an expert examiner to confirm that the invention meets the criteria of being innovative, useful and unobvious. Extensive research is conducted to discover any patents that have a prior claim on the invention. The examiner also ensures that the invention and application meet legal requirements. If all is in order a patent is granted.

It is rare for a patent application to succeed the first time it is filed. More often, the examiner objects to one or more elements of the application. The objections, along with supporting documentation, are returned to the applicant. If the applicant chooses to continue to pursue the patent, he or she may reply to the examiner’s concerns or amend the original application. The application is then reexamined. The cycle continues until a final judgment is made by the Patent and Trademark Office. Adverse decisions may be appealed according to U.S. law, first within the Patent and Trademark Office and then to federal court. Fees are assessed by the government at every stage of the patent process.

Since acquiring a patent can be a convoluted process and requires familiarity with both patent law and patent research, it is advisable to retain expert legal counsel to handle the drafting and legal progression of the application, including any necessary responses or appeals.

If you are considering filing for a patent, contact Overhauser Law Offices to schedule a consultation. Our lawyers will consider your invention in light of current patent law and advise you of the best course of action.