Patent Practice

The Constitution of the United States provides:

Art. I, § 8. [I] The Congress shall have the Power... [8] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;…

Patent protection for inventions is more significant today than at any other time in history. The ongoing information revolution is resulting in rapid and unforeseen discoveries in nearly every useful technology. The rate at which discoveries are being made is increasing at an astounding rate. The patent laws of the United States, in accordance with the Constitutional mandate, promote the progress of science and useful arts by securing to inventors, for limited times, the exclusive right to their discoveries. No other person has the right to make, use, offer to sell or import the invention covered by the patent without the patent owner's permission. Thus, by obtaining patent protection a patent owner may profit handsomely by selling or licensing the invention covered by the patent.

The establishment of the patent laws and related patent rules in the United States has resulted in the issuance of millions of patents since the inception of the patent system. United States patents may be obtained upon submission of an application to the United States Patent and Trademark Office relating to a process, machine, article of manufacture, or composition of matter. There are two basic kinds of patent applications: provisional and non-provisional. A provisional patent application is an interim application which is a relatively inexpensive way to establish a filing date and may serve important defensive purposes. A provisional application is not examined and does not mature into a patent, but may be converted into a non-provisional patent application. Non-provisional applications can mature into a patent after being subjected to an examination process which determines if the subject matter claimed in the application is new, useful and non-obvious and whether the application meets certain statutory description and enablement requirements.

United States patents are effective only within the United States, its territories and possessions. However, international patent protection is available. In many countries the benefit of an earlier-filed U.S. application can be obtained through international conventions and treaties.

There are three basic types of patents:

1. UTILITY PATENTS, which protect useful processes, machines, articles of manufacture and compositions of matter;

2. DESIGN PATENTS, which protect against the unauthorized use of new, original and ornamental designs for articles of manufacture; and

3. PLANT PATENTS, which protect invented or discovered, asexually reproduced plant varieties.

As specialists in both patent law and technology, Dilworth & Barrese is at the forefront of evaluating the patentability of inventions in many technologies, conducting right-to-use investigations, obtaining patents, and defending the rights of patent owners as well as accused infringers. For example, we prepare, file and prosecute patent applications in the United States Patent and Trademark Office and throughout the world. We handle patent interferences, reexaminations and reissues in the United States Patent and Trademark Office. In addition, we are frequently called upon by our corporate clients to evaluate the validity of entire patent portfolios in connection with due diligence investigations of prospective joint ventures, mergers and acquisitions. When the need arises, we prepare cease and desist letters and enforce our clients' patent related rights in federal court. If you are accused of patent infringement, we competently investigate the charges and present the best defenses available during negotiations and, if necessary, in court. Dilworth & Barrese is committed to providing the highest quality patent services available.