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Patents

Is My Invention Pantable?

In virtually all cases, there are three main requirements to determine whether an invention is patentable. The three requirements are: Utility – Utility means that the invention has usefulness.  If the invention is not useful, it cannot be patented.  Patent Attorney Matthew Sean Tucker has previously discussed in a blog post what it means for an invention to be useful.  For example, an invention used only for illegal purposes lacks utility.  Inventions are not useful for their intended purpose if their only purpose is illegal, immoral, inoperable, have only aesthetic purposes, thoeretical phenomena, invovle nuclear weapons, avoid paying taxes, or is a human organism. Novelty – Novelty takes a look at what existed prior to the invention and determines whether an identical invention existed.  A slight variation or distinction, no matter how small, will satisfy the novelty requirement.  Differences in structure, processes, and the like are looked at to determine novelty.  New combinations also satisfy the novelty requirements, so long as it has never been combined in that way before.  New uses is another way to satisfy the novelty requirement.  Additionally, inventions lose their novelty in the U.S. after you have placed it into the stream of commerce, or even offered it for sale, within one year thereof. Nonobviousness – The nonbviousness looks at whether it would have been obvious to arrive at the present invention based on prior inventions to one of ordinary skill in the art.  Registered Patent Attorney Matthew Sean Tucker has encountered instances where the invention would have been obvious in one field of art, but not in another.  For example, what is obvious to a neurosurgeon may not be obvious to a school teacher, and vice-versa.  Because obviousness is a legal term of art, the [...]

By |2023-11-21T16:11:21-05:00October 19th, 2023|Patents|Comments Off on Is My Invention Pantable?
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Understanding the Basics Facts of a Patent

What is a Patent? Let Tucker Law help provide you both basic patent facts, as well as the complex nuances of the practice.  A patent is a form of legal protection granted by the government to inventors for their original and useful discoveries or creations, such as products, processes, or machines. Patents give the holder exclusive rights to prevent others from making, using, or selling the invention for a certain period of time, usually 20 years from the date of filing. In exchange for this exclusivity, the inventor must publicly disclose the details of the invention so that others may learn from it. Patents are granted by the government and are enforceable in courts.  Contact our patent attorney today at 1-800-TUCKERWINS! Patent Law: The Fundamentals of Patent Protection To be eligible for patent protection, an invention must be novel, non-obvious, and have a practical application. The patent application process is governed by patent law, and patent attorneys can advise inventors seeking to protect their creations. The Patent Office is the location where patent applications are filed. Inventors can file patent applications and obtain patent protection at the patent office. Filing a patent application, which includes detailed information about the claimed invention and prior art references, is the first step in obtaining patent protection. What You Should Know About Patented Inventions A patented invention is a novel and useful process, machine, manufacture, or material composition that has received patent protection. Inventions that have been patented are valuable assets that can be licensed or sold to potential partners. Finding Relevant Prior Art in Patent Searches Prior art refers to publicly available technical information that is relevant to the claimed invention. Patent searches are an important part of the patent application [...]

By |2023-11-21T16:15:12-05:00October 19th, 2023|Patents|Comments Off on Understanding the Basics Facts of a Patent
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Celebrating the Unseen Genius: Recognizing the Contributions of Lesser-Known Inventors

In the world of inventions and discoveries, certain names have claimed an indelible spot in our collective memory. Names such as Alexander Graham Bell, Thomas Edison, and Albert Einstein are often synonymous with innovation. However, in the shadows of these towering figures, there are lesser-known inventors whose contributions to society are equally impactful, if not more so. At Tucker Law, we believe in recognizing and protecting the rights of all inventors, regardless of the magnitude of their fame. Today, let's delve into the remarkable stories of these unsung heroes of invention. Innovation Beyond the Limelight The world we inhabit today has been sculpted by countless inventors, many of whom rarely receive the credit they deserve. For example, consider the brilliant mind of Hedy Lamarr, a Hollywood actress and an inventor. She co-developed a frequency-hopping system during World War II, a technology that forms the backbone of modern Wi-Fi and Bluetooth systems. Then there's Elijah McCoy, the African American inventor whose automatic oiling device revolutionized the locomotive industry. His invention was so successful that people started asking for 'the real McCoy,' a phrase that has now become part of our everyday lexicon. Protecting Innovations While we laud the accomplishments of these unsung inventors, it's equally important to discuss how their inventions were protected. The realm of patent law is as complex as it is crucial. At Tucker Law, we understand the importance of securing your inventions and safeguarding your intellectual property rights. Whether you're an inventor in the public eye or a lesser-known innovator, your contributions to society deserve to be recognized and protected. Innovators of the Future As we look towards the future, it's important to encourage and support the next generation of lesser-known inventors. [...]

By |2023-04-28T12:01:15-04:00April 28th, 2023|Lesser Known Inventors, Patents|Comments Off on Celebrating the Unseen Genius: Recognizing the Contributions of Lesser-Known Inventors
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New Inventors’ Quick Guide to the Patent Process

The patent process can be a daunting task for new inventors, especially without hiring a patent attorney. With the right guidance from a registered patent attorney, it is possible to secure protection for your invention from broad to narrow. The first step in the patent process is to conduct a patent search. This will help you determine if your invention is already patented or if it is similar to any existing patents. Many times however, patent searches are better for the patent attorney helping you draft the application than it is for the inventor.  You can conduct a patent search online using the USPTO's website, but really you should hire a patent attorney to conduct the search for you.  It is unlikely that you have the experience or the skills to find relevant art or to properly interpret the results. Once you have determined that your invention is unique and not already patented, you can then proceed to draft a strong patent application. The patent application should include a detailed description of your invention, drawings or diagrams, and a connection between them. It is important to be as detailed and specific as possible in your patent application, as this will help to increase your chances of being granted a patent and prevent the application from being later invalidated. Once your patent application is submitted, it will be reviewed by a patent examiner. The examiner will review your application to ensure patentability.  If there are any issues with your application, the examiner will let you know and give you a chance to address them.  However, even validly issued patents can be later invalidated through the inter partes review process. Once your patent application is approved, you [...]

By |2023-03-15T04:45:49-04:00February 28th, 2023|Patents|Comments Off on New Inventors’ Quick Guide to the Patent Process
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Unsung Patent Heroes: Recognizing the Innovators Behind the Scenes

In the world of technology and innovation, patent holders are often seen as the heroes. Patent holders are the ones who come up with the brilliant ideas and bring them to market. But you may be asking yourself, are there other unsung patent heroes? Many of whom play an important role in the patent process. Many unsung heros go unrecognized. An example of these individuals are the ones who work behind the scenes to turn an idea into a patentable invention. One unsung patent hero is your patent attorney. We are responsible for helping inventors navigate the complex world of patent law, and we play a crucial role in the patent process. A lot of times patent attorneys help inventors simplify the process and breakdown the important aspects of the invention. Patent attorneys help inventors understand their rights and obligations, and they work to ensure that the patent application is properly prepared and submitted. Without our expertise, many inventors would struggle to secure a patent. That is because of the complexity of obtaining patent rights. Another unsung patent hero is the patent examiner. USPTO patent examiners are responsible for reviewing patent applications. They also determine whether the inventions meet the legal requirements for a patent. Exmainers must have a deep understanding of the technology or field related to the patent application. They must also be able to evaluate whether the invention is truly novel, as well as non-obvious. Patent examiners' work is critical to ensuring that only truly innovative ideas are granted patents. Finally, there are the patent support staff. Support staff are the ones who help to keep the patent office running smoothly. Patent support staff handle administrative tasks such as processing fees and maintaining [...]

By |2023-03-15T04:45:42-04:00February 27th, 2023|Patents|Comments Off on Unsung Patent Heroes: Recognizing the Innovators Behind the Scenes
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