Please note that this firm does not file patent applications. We can refer you to Patent counsel for the filing of patents in the United States and in foreign countries.

• Utility - One speaking of patents, this is what is usually being referred to. A "utility" patent covers any new and useful process, machine, method of manufacture or composition of matter or any new and useful improvement.
• Design - A design patent covers an new, original ornamental design for an article of manufacture. They are different from utility patents in that they: i) do not cover utilitarian function; ii) the drawings in the patent are determine the claimed coverage rather than the words describing it; iii) in an infringement, the focus of the analysis is on visual impressions of similarity; iv) in determining damages for a design patent infringement, the patent holder has the right to recover an infringer's profits in addition to actual damages. Often, it is optimal to obtain both a utility patent and a design patent to cover different aspects of the same invention. Additionally, trademark protection (trade dress and product configuration) are available.
• Plant - Plant patents cover distinct and new varieties of plants which are asexually reproduced. It does not include seed plants and thereby essentially limits coverage to ornamental plants and some fruit bearing plants which are propagated through cuttings. Generally speaking, all other aspects of utility patents apply to plant plants.

• Novelty - In the United States, there is a "first to invent rule" which essentially denies patent protection to an applicant if it can be proven that another invented the same invention first. Most foreign countries have a "first to file" rule which grants patent rights in the first to file the patent application. Additionally, in the United States, there is a one year statutory requirement that a patent application must be filed within one year of the first publication of the invention or the first exploitation of the invention (placing the invention in public use or sale). Most foreign countries do not provide for this one year "extension" and require the filing of a patent application before publication of the invention or first commercial exploitation. The case law regarding novelty is extensive and is often fact specific. What is critical is that the invention process be sufficiently documented in order to demonstrate first reduction to practice before public disclosure.
• Utility - In concept, this is a simple requirement. It basically demands that the invention must be useful. As part of the application process, it is necessary to both describe and demonstrate that the patent performs some useful function.
• Nonobviousness - This basically is a question of inventiveness and basically asks the question: Is the patent obvious at the time of the invention was made to a person having ordinary sill in the art?

• Disclosure - The patent application must be sufficiently complete, thorough and precise as to enable those skilled in the art to practice the invention based upon what is disclosed in the application itself, without undue experimentation. The claims must be sufficiently definite and precise to give public notice as to what constitutes infringement. The application must also identify the best mode of practicing the invention known to the inventor when the application is filed. Finally, the disclosure must be complete in detail.
• Candor - Patent applicants are required to provide information about the field of art, possible anticipating patents, prior public disclosure (by both the applicant and third parties), and generally to provide information to the patent office that would be relevant in consideration of the application. In addition to fraud upon the patent office, merely not disclosing relevant information to the patent office can result in invalidity of the patent under the "inequitable conduct doctrine."
• Technical Requirements - These include prohibitions against double patenting, and that only the inventor can file an application. For specifics on the forms and requirements, visit the United States Patent Office.

• Once information is collected, it is then analyzed and written into the correct format including the drafting of claims.
• This is then reviewed by you and verified for accuracy and inclusiveness.
• Once complete, the application is signed and then filed along with appropriate fees.
• The application is examined by the Patent Office. Office actions are then issued which require responses ranging from one month to six months, depending upon the nature of what is raised. Assuming that the application is placed into a condition for grant, the patent is granted.