Illinois patent attorneys must be licensed by the United States Patent and Trademark Office (USPTO) and require a background in science, or technology to enable knowledgeable client support related to a specialized field of intellectual property law. Legal counsel assists in the application process.
Patent application requirements.
Inventors, or the inventor’s assigned representatives may apply for a patent with some exceptions. Specific criteria must be followed when an inventor is deceased, and the legal representatives of the estate take on the responsibility of filing the patent application on behalf of the estate, or in cases when an inventor is legally incapacitated, a guardian may apply. Crystal Lake Illinois patent attorneys will work with the inventor’s estate legal counsel, or guardian in these instances.
A joint inventor may also apply on behalf of a non-signing inventor. Joint inventors may apply for a patent, but if one has only been financial support for the invention, they may not be on the application. Rights to any patent, or interests to any patent may not be applied for by officers and employees of the USPTO.
A Illinois patent attorney can perform a search of all public disclosures including previously patented inventions in the United States. This search must be conducted to ascertain if the invention in question has been publicly disclosed and would then be not patentable. Foreign patents and publications should also be searched. The specific searches are not required before patent applications but it is good practice to make sure one has been undertaken to avoid costs and duplication. Patent searches are complicated, especially for individuals who are not familiar with this type of research and should be done with the assistance of legal professionals who possess this learned skill set.
Types of patents.
The reason Crystal Lake patent attorneys must apply for, and become registered with the USPTO is to verify that they possess a degree of scientific and/or specific technological knowledge that enables them to assist inventors with identification of the acceptable criteria for patent application. Utility patents are provided for new and useful:
- Manufactured articles
- Compositions of matter
- Ornamental design of an article of manufacture
- Asexually reproduced plant varieties
- Improvement of processes, machines, manufactured articles, or compositions of matter.
Inventions must be novel, adequately described in the patent application, or enabled to prove ordinary skill in the art to make, or use the invention, and claimed by the inventor(s) in very clear and definite terms. Specific measurements, photographs and functionality must be very specific in the design of a product for which a patent is requested. Illinois skilled patent attorneys will review and make certain that the information required is present in the application.
Importance of legal counsel.
Patent applications are complex, costly, and must possess a degree of focused knowledge of the subject matter and the Federal Laws regarding patents. A patent attorney is uniquely qualified to assist individuals with patent application and infringement protection of their invention.