Patent Attorneys with High Functional Legal Aspects of Business
February 5, 2019
Patent owners under US Law have different defense mechanism and remedies. Patent is an intellectual property that excludes others from using and claiming the invention with out the permission of the Patent proprietor. Generally when a defendant has used, made, sold, attempted to sell or imported the invention, then it is called infringement. Under US Law system the patent owner has rights to claim the reasonable royalty or damaged profits resulted from this infringement. But before the patent is issued markedly one can not claim for infringement action. In such cases under 35 U.S.C pre-grant protections is available where the patent owner can obtain provisional damages. This right needs few competent evidences as follows:
Whether the infringing activities was done after the publication of patent application
Patented claims has to be similar with claims in the published application
Infringer had prior notice of the published patent application
They need to understand your invention, any notes or description that you provide to him. It may require your drawings or sketches or a prototype also. Once the attorney will get an idea on what your exhibition is all about he may ask you some questions like:
What is the new or inventive in your idea as a patent owner?
How your invention differs from existing idea?
How advantageous it is?
What are the problems need immediate attention?
How do you aim to exploit the invention?
Do you anticipate that patent protection will help you in your business?
Then the patent attorney will consider the viability of the invention. Depending on your experience and prior art, he can recommend you carrying out novelty searches if any one has already done it earlier. This is required to determine whether patent protection is worthwhile for you and which type of protection narrower or broader one suits you. Once all these factors are considered, patent attorney will express it in writing in the form of a “claim” that will define essential features of the invention and how they interrelate. Simultaneously it is necessary to find out the possibility of defining the invention in broader term so that it encloses as many possible ways of implementing the invention. You could hire a professional patenting agency, such as InventHelp, to help you out in this step.
To cover the further features a series of subsidiary claims have to be drafted with both technical and legal aspects. The description part of the invention should provide enough information to the reader so as to enable it in practice. After filing the main claim there can be additional support required for amending or limiting the claim caused from further finding of unpatentable art. In such cases due care need to be taken to ensure that amendments and adjustments have been done with out any shortfall of prohibition caused by any new information addition. That is the reason drafting patent specification may take several hours also. It may take 6-8 hours long time to make it. For complex cases time may exceed for these stages. This all together requires wide knowledge on patent law and practice, ability to understand and explain the technology and put together all these skills to draft it in writing which is going to be scrutinized by the court and other patent attorneys. Thus patent attorney have very high regard and values.