Patents
A patent is a set of legal rights granted by a government to provide an incentive for inventors to create and share new technology. In exchange for disclosing an invention, and enriching the world with useful new technology, the government may grant the inventor a right to exclude others for a limited time from making or using that invention without the patent owner's permission.
Though patent law is currently a "hot topic" at the center of the world economy, its roots stretch back for millennia. In the ancient Greek city of Syrbaris, as early as 500 B.C.E., the government gave 1-year of exclusive profits to those who made new discoveries that advanced human luxury. In the United States, patent law is grounded in the Constitution, and provides the right to exclude others from novel, useful, non-obvious technology claimed in a "utility patent." The duration of protection is generally 20 years from the time of filing, with a few exceptions, such as extensions due to delay by the patent office.
A patent is not required to produce a product or service and offer it for sale. But if someone holds a valid patent claiming subject matter inherent in such a product or service, that person has to power to stop all others from using or selling it, in a Civil Action for Patent Infringement in Federal Court. Although, historically, patents were usually held by those creating a particular product, a secondary market, including auctions and enforcement by non-practicing entities ("NPEs"), has begun to emerge, making patents potentially more valuable and freely-traded.
To obtain a U.S. patent, an inventor must proceed with a Patent Application, filed at the United States Patent Office (or, "PTO," for short). The process of shepherding the application through the PTO - responding to Actions by the PTO, and making other necessary filings - is called Patent Prosecution. Other than the inventors themselves, only Registered Patent Attorneys or Agents may conduct Patent Prosecution before the PTO.
With over a decade of patent law experience, Beckman, Burns & Nguyen offer a full range of advisory, litigation and prosecution services. For more information concerning how the firm can help, contact us at info@bbnlaw.com, or explore the additional informational links below.