subject: Patent Attorneys With High Functional Legal Aspects Of Business [print this page] Patent owners under US Law have different defense mechanism and remedies. Patent is an intellectual property that excludes others from using and claiming the
invention with out the permission of the Patent proprietor. Generally when a defendant has used, made, sold, attempted to sell or imported the invention, then it is
called infringement. Under US Law system the patent owner has rights to claim the reasonable royalty or damaged profits resulted from this infringement. But before the
patent is issued markedly one can not claim for infringement action. In such cases under 35 U.S.C pre-grant protections is available where the patent owner can obtain
provisional damages. This right needs few competent evidences as follows:
"Whether the infringing activities was done after the publication of patent application
"Patented claims has to be similar with claims in the published application
"Infringer had prior notice of the published patent application
If you are a patent owner and want to be aware of the rules, regulations and safety measures it is vital to know the types of infringement, then defense strategy and
remedies of those. The principle role of patent attorneys is preparation and filing a patent application. It includes several steps as follows:
They need to understand your invention, any notes or description that you provide to him. It may require your drawings or sketches or a prototype also. Once the
attorney will get an idea on what your exhibition is all about he may ask you some questions like:
"What is the new or inventive in your idea as a patent owner?
"How your invention differs from existing idea?
"How advantageous it is?
"What are the problems need immediate attention?
"How do you aim to exploit the invention?
"Do you anticipate that patent protection will help you in your business?
Patenting Process:
Then the patent attorney will consider the viability of the invention. Depending on your experience and prior art, he can recommend you carrying out novelty
searches if any one has already done it earlier. This is required to determine whether patent protection is worthwhile for you and which type of protection narrower or
broader one suits you. Once all these factors are considered, patent attorney will express it in writing in the form of a "claim" that will define essential features
of the invention and how they interrelate. Simultaneously it is necessary to find out the possibility of defining the invention in broader term so that it encloses as
many possible ways of implementing the invention. In very few short lines of claim patent attorneys have to express the carried out the analysis and essential
features. It requires great deal of thought, technical information from an attorney.
To cover the further features a series of subsidiary claims have to be drafted with both technical and legal aspects. The description part of the invention should
provide enough information to the reader so as to enable it in practice. After filing the main claim there can be additional support required for amending or limiting
the claim caused from further finding of unpatentable art. In such cases due care need to be taken to ensure that amendments and adjustments have been done with out
any shortfall of prohibition caused by any new information addition. That is the reason drafting patent specification may take several hours also. It may take 6-8
hours long time to make it. For complex cases time may exceed for these stages. This all together requires wide knowledge on patent law and practice, ability to
understand and explain the technology and put together all these skills to draft it in writing which is going to be scrutinized by the court and other patent
attorneys. Thus patent attorney have very high regard and values.
