Monopoly
Patents are a
monopoly over the manufacture or reproduction of an invention. This
exclusive control over the invention lasts last 20 years and is enforced
throughout all 50 states simultaneously by the Federal Court
system.
Granted by the United States Patent and
Trademark Office (USPTO), to be eligible for a patent, a patent applicant
must submit a patent application that properly describes the invention and
pay the processing fees for a patent. If the application meets the
minimum technical standards, the USPTO will assign a specialist, or patent
examiner, for further evaluation of the application. The patent
examiner's studies
the application to make the determination whether or not the invention
meets minimum statutory standards and therefore deserves patent
protection.
Patent Application
The application itself, composed of multiple parts, ideally presents a
unified and strategic view of the invention and the underlying reasons why
it merits patent status. The examiner will either grant patent
status or denied patent status or granted patent status only in select
part concerning the application. The extent to which an invention
receives patent protection is in part dependent upon the subject matter of
the invention, the drafting of the patent and the expertise of the
patent examiner.
Ultimately, the patent application should aim at securing from the patent
examiner the most comprehensive and defensible patent coverage feasible
for the invention. This will make the invention much more secure
against infringement (imitation).
Overall, the entire patent application process may be perceived as a form of written debate wherein the patent
applicant strives for the maximum patent coverage possible. Conversely, the
patent examiner strives to restrict this coverage as much as is feasible.
How long does it take?
The answer to this particular question actually depends on quite a
number of variables. However, overall, the period of patent examination
varies greatly. It may be as little as one year and a half, or much
more depending upon the particular factors of the invention and the
level of sophistication of the underlying subject matter. If finally
granted, the patent will give the inventor exclusive control over the
invention. Through this control, or monopoly, the inventor can
exercise exclusive manufacturing rights, or alternatively, can license the
manufacture of the invention to others for royalties. In either
case, if handled properly, this will result in well earned income for the
creator.
Why
a patent attorney?
Well, as one of our clients once expressed,
"Would you back a semi-rig down a long narrow, twisted alley, or
would you get a professional truck driver?" Of course we would
opt for the truck driver, so our client opted for a patent
professional. It is in the waging the debate with the patent
examiner that the prior experience, writing proficiency and
expertise of the patent attorney practitioner is extraordinarily valuable.
The prime difference between a patent agent and a patent examiner is that
the attorney can represent patent matters within the court system and the
agent can not.
Appeal
In those instances where it is believed that the examiner
mistakenly issued a final ruling as to patent status, there is an appeal
process.
