A patent can protect an invention. Patents can be extremely complicated and patent applications are involved. They require the assistance of an experienced patent lawyer.
If you have an idea and want protection, the Law Office of Mathew R. P. Perrone, Jr., in Algonquin, Illinois, can help. If your idea is not patentable, we will let you know immediately. Contact us to discuss the protection of your idea with an experienced patent attorney.
What Did You Create — And Can It Be Protected?
The patent laws offer protection for the following classes of invention:
- Articles of manufacture
- Composition of matter
- A process for making one of those three things
- A new and useful improvement on one or more of those classes
Patents are also awarded on asexually produced plants and decorative articles.
Anything publicly disclosed or on display for more than one year is unpatentable by law. Based on instinct and experience, we may not know whether the invention is patentable without a search. A good place to start your own search is with the U.S. Patent and Trademark Office. We have also provided responses to frequently asked questions.
Can You Patent An Idea?
It is very difficult to patent an idea. If nobody else has done it before, or if nobody else has done something so close to it as to make it obvious, you may be able to get a patent on it. If you can obtain a patent for an idea, you have the legal right to stop others from making, using or selling that idea for a period of time. Patents are not renewable. They do expire, and one cannot sue on an expired patent.
Patents and copyrights are enforced in federal court.
If somebody copies your registered copyrightable work, you have a right to file a lawsuit in federal court and possibly receive court costs and an award of attorney fees and punitive damages. If you can prove unauthorized copies were made, recovery of at least statutory damages is possible.
If somebody copies your patented idea, as the patent holder you have a right to file a lawsuit in federal court and possibly receive court costs, an award of attorney fees and punitive damages, in addition to normal damages. The punishment can be as much as three times the damages proved.
Of What Does a Patent Application Consist?
The patent owner may stop others from making, using or selling the patented device for a period of up to 14 years. For design patent applications filed now, which mature into a design patent, the term is 15 years.
To attempt to file for a patent on your own without the help of an experienced patent attorney is to risk problems, including loss of potential profit. Call the Law Office of Mathew R. P. Perrone, Jr., today at 847-915-4475 for a free consultation. Or, if you prefer, complete our online form.
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