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Poughkeepsie Intellectual Property Law

Patents as public disclosure

As an entrepreneur, intellectual property of some kind, and protecting it, is likely a critical aspect of your business plan. Whether it's a trademark that builds your brand, copyrights that protect your creative works, or a patent for your invention, you have to bring something unique to the market and try to legally protect it.

A patent can be an extremely valuable asset for protecting an invention.

A patent gives the owner the right to exclude others from making, using or selling the described invention, for up to 20 years. The essence of the 'deal' between the government and an inventor is a 20-year monopoly, in exchange for public disclosure of the invention.

The public disclosure allows others to read about the idea and then make improvements (possibly getting their own patents) - with the overall goal being to encourage innovation and progress.

With one exception, all patent applications are disclosed to the public 18 months after the earliest filing date. 

Patents: What is prior art?

If you have an idea which you think is patentable, you may decide you want to move forward and try to obtain patent protection. Before you can proceed with protecting your invention, however, it's important that you understand what is known as "prior art."

That term is used to describe all publicly available information, anywhere in the world, that in some way relates to your invention. You cannot receive a patent unless your invention is new, as compared to what is taught in the prior art. 

A Provisional patent application sometimes makes sense

If you have a new idea or invention, it can be important to get an application filed as soon as possible, since others may independently come up with the same idea, and file for patent protection first.

However, many first-time inventors have limited funds for patent filing. Does it make sense to submit what some view as a "poor man's patent application", that is, a Provisional application? And can an inventor do this on their own? 

Contrary to popular belief, patent examiners are not adversaries

When applicants are trying to patent their invention they often get the feeling that their patent examiner is an adversary. While it can seem like a patent examiner is pitted against you, he or she functions primarily as a gatekeeper. A patent examiner simply has a job to do.

When you need a patent

For innovators and inventors, it begins with the realization that there is a better way. In some cases, it begins with the stubborn proclamation, "I'm going to find a better way." No matter how it starts, the better way can lead to something new--something that deserves the protection of a patent.

For example, you've invented a new accessory for mobile phones.  You realize the potential of this idea, but you also realize that other companies could easily copy the invention if you don't protect it. You need a patent.

Can You Speed Up Your Patent Application?

Most US patent applications will sit on an examiner's desk for a year (or more) before the examination process even begins. From start to finish, obtaining approval for your application can take two years or more. It may be advantageous in some circumstances to obtain a patent earlier - such as to improve the amount, or likelihood of obtaining investment for a business related to the invention. So what can you do if you have a patent application that can't wait for the normal examination process to conclude?

Speed up Examination

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 Saile Ackerman LLC

Saile Ackerman LLC
28 Davis Avenue
Poughkeepsie, NY 12603

Phone: 845-452-5863
Phone: 845-452-3204
Fax: 845-471-2064
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