Patents
Fun Rogue Fact:
I often call myself a “translator” between English and Patentese. For example, when a claim states, “the mold support has a fastener,” the PTAB will argue that the ordinary plain language is that “the fastener is a component or feature of the mold support itself, rather than a separate component from the mold support.”
Most of the time, this is not a problem. But, as Alcon Inc. learned, it precludes them from arguing that a prior art disclosure with an integrated mold/flange doesn’t have the ‘fastener’ at issue because it’s not a separate component.
Tip: make sure the specification clarifies if the components are separate, integrated, or, possibly, either. (I don’t think it would have helped Alcon’s case, but it’s still helpful when drafting patent applications.) PTAB 2022004296.
And don’t worry - both applications are owned by Alcon. They are simply trying to expand their rights with the new application.
What is a patent?
A patent is an exclusive right granted for an invention, and gives the owner the right to decide how - or if - the invention can be used by others. A patent is, essentially, a monopoly right for a limited period of time (15 or 20 years, depending on the patent) and can therefore be a useful way to exclude others from a market.
Patents can be licensed, sold, transferred, or inherited, like any real property.
About the Process
Rogue.law prosecutes patents in the United States and manages the global patent process for clients who expand beyond the borders. Patents are national in nature, and each country has a different rule governing when and how a patent will be issued, but we have developed reliable strategies to maximize the likelihood of success.
It takes 2 to 3 years to prosecute a utility patent in the United States, and 1-2 years to prosecute a design patent. Internationally, we’ve seen patents issue in a little as 6 months, or as long as 6 years.
Again, there are countless nuances to keep in mind, and a huge variation in requirements, expected results, etc. So let’s talk about it.
Can I patent every idea?
Not quite. A patent can only issue for ideas (inventions) that are new. And by new, we mean something that hasn’t been published anywhere in the world, even in other languages. Yes, if somebody in Japan had the same idea before you did and described it publicly in Japanese, you are not entitled to a patent, even if you were unaware of this publication and do not speak Japanese.
Additionally, the invention must be either a unique ornamental design, like a unique shoe design OR useful, like a new machine or process.
Finally, the invention must be “non-obvious” – that is, even if your invention isn’t exactly the same as something that’s already publicly available, a patent will not issue if your invention is too similar to goods that are already available. And this is true even if you are not personally aware of those goods.
There are many nuances to the above framework not covered here, though, so be sure to contact us before making any decisions about patenting your invention.
You can also learn more in our FAQs.