New York City Patent Lawyer
What Are the Requirements of a Patent?
There are 5 requirements for obtaining a patent in the United States. However, determining whether an invention meets these requirements can be a complex process that involves conducting a thorough analysis of the invention. The 5 requirements for obtaining a patent in the United States are:
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- Utility - US patent law specifies that an invention must have a useful purpose, i.e. that it has specific and substantial utility.
- Novelty - In order for an invention to be patented, it must be new and not the subject of public disclosure by the applicant more than a year before the patent application filing date.
- Enablement - A patent application must include a written description of the invention being patented, including the manner and process of making and using it. The description must be full, clear, and concise so that those with ordinary skills in the art would be able to reproduce and use the item without undue experimentation.
- Non-Obviousness - Non-obviousness is defined as a sufficient difference from what is already known such that a person having ordinary skills in the area of technology related to the invention would not find it obvious to make the change.
- Patentable Subject Matter - Patentable subject matter includes any new and useful process, machine, manufacture, or composition of matter or any new and useful improvement thereof
How Our Patent Lawyers Can Help
At Grant Attorneys at Law, we are big promoters of innovation and technological advancement. By fostering our close relationships with foreign counsel, our patent attorneys are able to bring a global perspective to our clients’ patent portfolios. Our patent practice includes:
- Patent Applications & Prosecution. We provide strategic patent counseling and assist individuals and businesses acquire patent protection for their inventions in the United States and internationally. We assist clients with the preparation and prosecution of provisional patent applications, non-provisional patent applications, and design patent applications in various technical fields.
- Patent Enforcement & Defense. At Grant Attorneys at Law, our patent attorneys assist our clients develop strategies for enforcement and defense. If a potential infringer is revealed, we are able to readily address the issue with a solid plan of action. In addition to patent enforcement, we also assist clients who have received cease and desist letters or have been served with a complaint, to defend against allegations of patent infringement. Our patent enforcement and patent defense practice also includes initiating and defending against post-grant proceedings.
- Patent Monetization. Through the development of a solid patent monetization strategy, we assist our clients in generating revenue through the ownership of patents. We draft, review and negotiate patent license agreements to ensure that our clients’ goals are met.
Patent Counseling
Patent Portfolio Management
Post Grant Proceedings
Inter partes reviews (IPRs), ex parte reexaminations and post-grant reviews (PGRs), and covered business method reviews (CBMR) are post-grant proceedings offered by the United States Patent and Trademark Office (USPTO) that allow third parties to challenge the validity of an issued patent. Each procedure possesses its own advantages and considerations.
Post-grant proceedings are often faster, and more likely to invalidate a patent, than presenting invalidity arguments in federal court. As such, post-grant reviews may be used in parallel with federal court litigation defense.
Patent Litigation
Our Patent Litigation attorneys represent clients in Federal or State court or before the United States Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).
The Patent Trial and Appeal Board (PTAB) is an administrative tribunal in the United States responsible for handling certain disputes related to patents. The PTAB handles proceedings to review the validity of existing patents and challenge the validity of newly issued patents. The four types of PTAB proceedings are: (1) inter partes review (“IPR”); (2) covered business method review (“CBM or CBMR”); (3) post-grant review (“PGR”); and (4) derivations
In Federal and State court litigation matters, a plaintiff can seek both monetary and injunctive relief. No monetary relief is granted in Patent Trial and Appeal Board proceedings (PTAB). The result is purely injunctive.
Work With a Registered NYC Patent Lawyer
The patent process is a complex process. An incorrect submission or an improperly drafted application can potentially result in a lost opportunity to secure protection for your invention. Working with an experienced team of New York City patent lawyers who can guide you through the process of protecting your inventions in the United States and in foreign jurisdictions is the first step toward success.
Book a meeting with a New York City Patent Lawyer to discuss your intellectual property infringement matter.
FAQs About Patents
How Long Does a Patent Last?
Generally, the term of a U.S. utility patent is 20 years from its filing date or, if the application contains a specific reference to one or more earlier filed applications, 20 years, from the filing date of the earliest of such applications. The term of a design patent is fifteen years from the date the patent is granted.
