Weiss & Moy, P.C.

What is a Patent?

A U.S. patent is a legal monopoly, granted by the United States government, which allows the patent owner to prevent all others from making, using or selling their patented invention within the United States for a period of 20 years from the date of filing.

Because the legal right to enforce your patent does not exist until your patent actually issues (which can take two to three years), most inventors are left with roughly 17-18 years of actual, enforceable patent protection.

From the time that we file your patent application with the United States Patent & Trademark Office until the time that your patent issues, you are legally “patent pending.” While your patent application is pending, it is permissible to market, sell and otherwise commercialize your invention, but you will not be able to prevent others from “infringing” until your patent has issued.

In the event that you have already begun to market, sell or publicly disclose your invention, you have one year from the date of your first offer for sale or first public disclosure to file a patent application.

A patent is a form of property and may be sold, licensed, or conveyed in much the same way as other types of property.

What can be patented?

In order for an invention to qualify for patent protection, it must be novel, non-obvious and provide utility. Generally, to be novel, the invention must not already be in use in the United States or be found in a printed publication anywhere in the world. To be non-obvious, the invention must not have been merely an obvious improvement over an existing invention in the eyes of a person of reasonable skill in the field, at the time the invention was made. And finally, to provide utility, the invention must be useful.

Patent Law

Patent law is governed by federal law, not state law. Patents are issued by the U.S. Patent & Trademark Office. Foreign patents are issued in accordance with the patent laws of each individual sovereign country.

Why obtain a U.S. Patent?

Without a valid U.S. Patent, anyone may make, use or sell another’s invention at will and without compensation to the original inventor.