“Some people say ‘Knowledge is Power.’
Knowledge is not Power,
Knowledge is POTENTIAL power!“
– Anthony Robins
USPTO Licensed Patent Agent admitted to practice in all Patent matters before the United States Patent and Trademark Office.
H.R. 1260, Patent Reform Act of 2009
Quoting from the Manufacturing Alliance on Patent Policy
A large percentage of U.S. patents are issued to manufacturers. Two-thirds of the value of the modern manufacturer lies in its intangible assets. Dramatic changes to patent policy will have a major impact on the manufacturing sector. Moreover, such changes will affect manufacturing jobs and investment. A significant reason manufacturing continues to exist in the United States is America’s strong system of intellectual property protection. It is a truism among manufacturers that a healthy manufacturing sector requires effective recourse for the theft of intellectual property. Without that safe haven for creativity, American manufacturing would be adversely affected in critical ways, such as a reduced motivation to conduct research and development and invest in personnel, plant and equipment in the United States.
Introduction
This site is primarily intended as an aggregate resource for patent information and useful patent related links. It is hoped that you find this information useful.
A patent may be granted by the United States Patent and Trademark Office (USPTO) to whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter or any new and useful improvement thereof subject to certain conditions. A patent provides the owner the right to exclude others from practicing the disclosed invention for a period of time, usually 20 years from filing for a utility patent and 14 years from the grant date for a design patent.
Understand that even if you have a great idea, it may not be possible for you to obtain a patent due to prior disclosed inventions by others or certain actions you yourself have taken within a specific time period such as disclosure or an offer to sell the idea. Generally in the US you are afforded a 1-year grace period after an “enabling” disclosure in which to file a patent. An offer to sell or disclosure publication prior to application for a patent may compromise your patent protection options outside the US. The expense to obtain a patent varies widely depending upon who prosecutes your application. In some cases the business return may not justify the expenses associated with obtaining a patent and you may decide to keep the invention a trade secret or to manufacture without patent protection.
As a manufacturer, to avoid liability it is advisable to check that your products do not accidentally infringe others patents and if they might, to check further into related prior art and prosecution histories of the patents in question to evaluate the scope of the patent(s)in question. Prosecution histories can identify which claimed features of a patent an Examiner identified as patentable over the prior art, determining the coverage of the claims and can thereby lead to ways to “work around” patents. Some patent claims may seem quite encompassing, although the point of novelty in patent protection was really quite small.
Individual inventors and small companies may directly apply for their own patents before the USPTO without engaging a patent agent or patent attorney. However, the rules and regulations defining the process to acquire a patent are complex. It typically takes two to three years to acquire a patent. The manner in which an invention is written and claimed can also have a huge impact on how much protection is afforded to your idea through the patent. For these reasons, most inventors usually hire a USPTO licensed patent agent or patent lawyer to help them through the process and improve their chances of success.
About the Webmaster
James Hasselbeck P.E. is the Principal of Strategic Patent Services. James Hasselbeck P.E. has met the rigorous requirements to be licensed/admitted to practice in patent matters before the United States Patent and Trademark Office (USPTO). These requirements included passing the patent bar examination. Handling patent matters before the USPTO is highly specialized and “regular lawyers” are not permitted to represent clients before the USPTO on patent matters. Proper handling of patent applications and related matters requires the unusual combination of technical and legal knowledge.
If you are seeking guidance/information on patent related questions or assistance with patent preparation and prosecution, I may be contacted at the E-mail address provided below.
Strategic Patent Services – JH&A LLC
Email: info@hasselbeckandassociates.com
James R. Hasselbeck, P.E.
Registered Patent Agent
Licensed/ Registered Professional Engineer
Member: National Association of Patent Practitioners
Member: Michigan Intellectual Property Law Association (MIPLA)
Admitted to practice before the U.S. Patent and Trademark Office
