Patents
A U.S. patent can give its owner a time-limited right to exclude others from making, using, selling, offering to sell, or importing the claimed invention. Sanchelima & Associates assists inventors and businesses with patent searches, applications, prosecution, licensing, portfolio strategy, and patent disputes.
What is a patent
A patent is a property right granted by the United States Patent and Trademark Office for an invention that satisfies the applicable legal requirements. The scope of protection is defined by the patent’s claims. A patent does not create an unrestricted right to make or sell a product; it provides a right to exclude others from practicing the claimed invention, subject to other laws and rights. Filing an application does not guarantee that a patent will issue. Public disclosure, sale, public use, and foreign filing rules can affect patent rights, so inventors should seek advice before disclosing an invention. Patents may be assigned, licensed, enforced, or used as business assets.
AI and software patent protection
Software and AI inventions require a clear account of the technical contribution. Discuss protection for software, SaaS platforms and mobile apps, machine-learning systems, and inventions developed with AI assistance.
The three principal types of U.S. patents
1. Utility Patents
Utility patents may protect new and useful processes, machines, manufactures, compositions of matter, and qualifying improvements. For most utility patents, the patent term begins when the patent issues and generally ends 20 years from the filing date of the earliest applicable non-provisional application, subject to statutory adjustments or extensions and payment of required maintenance fees. During examination, the USPTO evaluates issues such as patent eligibility, novelty, nonobviousness, written description, enablement, and claim clarity. Applicants may need to respond to Office Actions and amend or argue the claims before allowance.
2. Design Patents
Design patents protect new, original, and ornamental designs for articles of manufacture. For U.S. design-patent applications filed on or after May 13, 2015, the term is generally 15 years from issuance, and maintenance fees are not required. Because the drawings largely define the claimed design, careful and consistent figures are critical.
3. Plant Patents
Plant patents may protect distinct and new varieties of plants that are asexually reproduced, other than tuber-propagated plants or plants found in an uncultivated state. The term generally ends 20 years from the applicable filing date, subject to governing law. The application must describe the plant and its distinguishing characteristics with the specificity required by the USPTO.
Ready to Discuss Your Legal Matter?
Speak with our bilingual legal team about intellectual property, franchise, or commercial litigation needs.
Bilingual Legal Counsel
Serving Businesses and Innovators Since 1977