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Posts tagged "Patent Law"

What is novelty?

It goes without saying that the process of applying for a patent in Sacramento can be incredibly complex. Yet of all the different elements that go into patenting your invention, the one that you likely think that you fully understand is that in order to be patented, your creation must be completely new. Even this requirement, however, has its subtle nuances. What may seem new to you may not necessarily match the definitions established by patent law. Thus, it is important that prior to applying for your patent, you must understand the idea of novelty. 

Cannabis industry grappling with new patents

To some people across the nation, the legalization of marijuana for recreational use might only make them think about using the substance, others know that the issue extends far beyond who can use pot, when or where. A whole new industry is taking shape in California and the other states that have legalized marijuana and one issue this industry is now facing is the protection of its intellectual property.

Understanding plant patents

Many in Sacramento might think that your work in botany or horticulture might preclude you from ever having to worry about patent law. Yet if your work leads you to the development of new plant species, than you will want to ensure that the important details of that species are protected in much the same way an inventor would want their product protected. Many in your field have come to us here at the Peterson Watts Law Group, LLP asking how to commence the traditional patent process. Like them, you may be surprised to learn that their actually special provision designed specifically to patent new plants. 

Can I pass my patent to my heirs?

If you work hard enough on an invention that you secure a patent for it, then you obviously want to protect it at all costs. If you should pass away, you do not want to lose that patent protection. The money earned from the invention could help your heirs, but the income may be lost if the patent is no longer valid. This may make you wonder what happens with your patent when you die.

Why might you lose your right to a patent?

According to the U.S. Patent and Trademark Office, the Office must use the same standards of patentability in the examination of every claim regardless of whether it involves an artwork that is "newly developed," "complex," "competitive" or "crowded." Standards typically include patent eligible, nonobvious, useful, novel and enabled. That said, just because a claim recounts, in detail, all the features of an invention does not mean the Office will allow the claim. It also does not mean the Office will allow a person to keep a patent if it already granted one. If you lost your right to a patent in California, there may be several reasons why. Below are just a few of them.

Patent essentials

Inventors and entrepreneurs in California have good reason to want to protect their businesses from unnecessary or unfair competition. In some cases, the way to do this is to secure specific intellectual property protections. These include copyrights, trademarks and service marks. Patents are another form of intellectual property that may give an inventor the ability to get a new product off the ground. However, it is important to understand how patents work to know when seeking one makes sense and when it may not. 

Patent basics

With California being a hotbed of innovation, it is not unusual for an individual or a business to consider filing for a patent. However, before rushing in to do this, it is important that people full understand what a patent can and cannot do and also that they approach the patent filing process in an appropriate and timely fashion. 

The unique challenges of software patents

California's Silicon Valley is looked upon as the hotbed of innovation not just in the United States but globally. This is with good reason and certainly it is easy to see that software is at the heart of a great deal of this innovation. Understanding this it is logical to wonder how companies protect their inventions when these inventions are at some level layers of code and mathematical instructions.

Protections available with a patent

Many individuals and companies in California have led the way in the development of key technologies, processes and products in their respective markets. If you have created a new item or way of making something that is very new, you might want to investigate the means available to you of protecting your work. A patent may well be what you need.

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Roseville, CA 95661

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