Us Patents

Patents: The Why and How
A Presentation to the Tennessee Inventors Association
January 17, 2009

Tom Kulaga Knox Patents: Kulaga Law Office, PLLC
www.KnoxPatents.com 865-470-4212
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LegalDisclaimer
• The legal information contained in this presentation is offered for patent law educational purposes. • It is suggested that a patent attorney be consulted if you want professionalassurance that any actions taken as a result of this presentation are appropriate for your particular situation. • The patent law changes frequently. Before relying upon any information contained in thispresentation, you should consult with a patent attorney regarding the current state of the law.
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Why Patent?
1. Protect a product or process
– Patent grants a limited monopoly

2. Create anasset
– Patents and Applications have value to venture capitalists and banks – License others to use, make, and/or sell your invention

3. Market advantage
– Advertising
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Types of Patents
•Utility Patent
– Protects the functional aspect of an invention – Good for 20 years from filing date – Must be renewed at 4, 8, and 12 years

• Design Patent
– Protects the aesthetic appearance of aninvention – Good for 14 years from issue date – No renewal fees
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Patent Requirements (1)
• In order to obtain a patent, an invention must be
– New (never been done before), and – Not-Obviousbased on what has been done before

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Patent Requirements (2)
• A patent application must be filed within 12 months of – The first public disclosure, or – The first offer to sell the inventionThis requirement is known as the 12 month bar
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First Step: Patent Search
• Look for identical or similar devices in patents and published applications • Gives an idea as to the risk ofrejection if an application is filed • Optional – no requirement to do a search • Insurance – Answers the question of should a patent application be filed.
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Next: Apply for a Utility Patent
•...