FAQs

A patent grants the owner exclusive rights to prevent others from making, using, selling, or distributing the invention covered by the issued claims without permission. It's important to understand that while a patent allows you to exclude others from exploiting your invention, it doesn't automatically grant you the right to use your invention if it infringes on someone else's patent. Essentially, a patent protects your innovation by giving you control over its use in the marketplace for a certain period, typically up to 20 years from the filing date in the US.

There are three primary types of patents issued by the U.S. Patent and Trademark Office (USPTO):

1. Utility Patents: The most common type, utility patents are granted for new inventions or functional improvements on existing inventions, including processes, machines, manufacturing techniques, or compositions of matter.

2. Design Patents: These protect the unique visual qualities of a manufactured item, focusing on the ornamental design, shape, or surface of an item rather than its functionality.

3. Plant Patents: Granted for the invention or discovery and asexual reproduction of a new and distinct variety of plant, excluding tuber-propagated plants.

Each type of patent provides protection in different ways, tailored to the nature of your invention or discovery.

A US utility patent is granted for the invention or significant improvement of a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. US patents provide the patent holder exclusive rights to prevent others from making, using, selling, or importing the invention for a period of up to 20 years from the filing date, subject to the payment of maintenance fees. Utility patents are essential for protecting functional aspects of inventions, ensuring inventors can capitalize on their innovative work.

A US design patent protects the ornamental design of a functional item, including the shape, surface decoration, or configuration of the product. This type of patent ensures that the unique visual appearance of a product is safeguarded against copying and unauthorized use. US Design patents are valid for 15 years from the date of grant and do not require the payment of maintenance fees. They are invaluable for protecting the aesthetic aspects of inventions, from consumer electronics to fashion items, ensuring the creator's originality is legally recognized and protected.

Deciding to consult a patent attorney is a critical step in protecting your innovation. If your invention offers a novel solution or improvement—whether it's more effective, efficient, affordable, or faster than what's currently available—or if you've addressed a challenge that hasn't been solved before, it's time to seek professional advice. A patent attorney can help evaluate the patentability of your invention, navigate the complex patent application process, and ensure your intellectual property is properly secured.

Starting a new company is an exciting venture, and safeguarding your intellectual property (IP) should be at the top of your priority list. Protecting your IP is crucial for maintaining competitive advantage, securing investment, and ensuring your innovations are safeguarded against infringement. To get started on the right foot, we've created a comprehensive IP audit checklist tailored for new companies. This resource will guide you through the steps to identify and protect your valuable IP assets comprehensively.

To qualify for patent protection, an invention must meet three fundamental criteria in the United States:

• Novelty: The invention must be new, meaning it cannot be part of the existing body of public knowledge.

• Non-Obviousness: It must represent a non-obvious step forward in its field, not easily deducible by someone with ordinary skill in that technical field.

• Utility: The invention must be useful, providing a tangible benefit or solving a specific problem.

In the United States, the threshold for technological advancement isn't necessarily high, opening the door to a wide range of innovations. While patenting software presents its own set of challenges due to its abstract nature, securing a patent is very much achievable with the right approach and guidance.

Filing a patent is a strategic move for any innovator or company, offering numerous benefits:

• Protects R&D Investments: Secures the results of your research and development, ensuring competitors cannot copy your innovations.

• Ensures Design Freedom and Defense: Allows you to develop your product freely while defending against infringement claims from others.

• Safeguards Market Share: Prevents competitors from entering the market with the same or similar products, helping you maintain a competitive edge.

• Generates Licensing Revenue: Opens opportunities for licensing agreements, turning your IP into a revenue stream.

• Builds Company Assets: Adds valuable property to your company's portfolio, enhancing overall business valuation.

• Meets Investor Expectations: Demonstrates to potential investors your commitment to innovation and legal protection of your assets.

• Enhances Brand Value: The use of “Patented” or “Patent Pending” in marketing materials can significantly boost your product's market perception, appealing to consumers who value innovation and authenticity.

By securing a patent, you not only protect your tangible investments but also enhance your brand's market position and appeal to both investors and consumers.

Patents filed and prosecuted by MLO usually cost about $20,000 to $50,000 to get to issuance.

At MLO, we're committed to delivering exceptional value through financial transparency and competitive pricing. Our billing practices, including not-to-exceed caps and flat rates, are designed to align with industry averages while ensuring our clients receive clear, upfront cost estimates. This approach allows us to offer superior intellectual property services at rates that respect your budget and financial planning needs.

Securing a patent involves a detailed and complex process to meet the stringent requirements of worldwide Patent Offices. This process includes:

• Drafting Precise Claims: The claims defining your invention need to be meticulously crafted to ensure they cover the invention comprehensively while also being non-obvious to those in your technical field.

• Negotiations with the Patent Examiner: It's common to engage in several rounds of communication with the Patent Examiner, refining your application to address any concerns or objections.

• Potential Appeals: In some cases, to secure patent issuance, we may need to file an appeal, further extending the examination process.

The cumulative professional hours spent on these activities contribute significantly to the overall cost of obtaining a patent. These steps are crucial in securing the broadest possible protection for your innovation, ensuring that your investment in the patent process is well-justified.

For more information, check out the MLO Patent Path via this link.

Yes, MLO extends its intellectual property protection services globally through a carefully curated network of expert foreign associates. This allows us to seamlessly manage and secure patents in numerous jurisdictions outside of the US, ensuring our clients receive comprehensive international patent coverage. Our collaborative approach with foreign associates combines local expertise with MLO’s standards of excellence, offering a cohesive strategy for your global IP needs.

MLO patent professionals specialize in the engineering, materials, and software fields. Our technical expertise includes medical devices, medical systems, software, semiconductors, manufacturing equipment, solar energy, lighting, 3D printing, toys, and much more.

Conducting a search for existing patents can be a double-edged sword. Awareness of a patent can potentially expose you to allegations of willful infringement, which might result in damages up to three times the normal amount, in addition to attorney fees and court costs. Consequently, some companies choose to adopt a policy against searching for third-party patents. However, understanding the landscape of existing patents can be crucial for navigating your own patent strategy effectively. It's therefore advisable to consult with a patent attorney who can help weigh the benefits and risks of patent searches and guide you through the process with an informed strategy and legal insight.