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Patent Law

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There are an estimated 1,500 franchise companies operating in the U.S. doing business through more than 320,000 retail units

patent_lawPatents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. U.S. Patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. See U.S. Constitution, Article I, Section 8. The main body of law concerning patents is found in Title 35 of the United States Code. In order to be patented an invention must be novel, useful, and not of an obvious nature.

The Patent and Trademark Office grants patents, which are a property right to an inventor. To be patentable, an invention must be novel and non-obvious. What a person cannot patent is a perpetual motion device, abstract idea, a law of nature or any naturally occurring substance or any invention publicly disclosed more than 12 months ago.

The patenting process that one goes through to obtain a patent consists of a number of steps. Since the preparation of a patent application is a time consuming process, and sometimes an inventor will want to file as quickly as possible. It is wise to consult a knowledgeable patent attorney to protect the rights for something that you have invested your time to invent.

Design Patent

A design patent protects the look of an item. It is granted to protect the overall appearance of an invention and is good for 14 years from the date of the issuance of the patent.

Utility Patent

A utility patent protects the functionality of an invention. It is granted for any new, useful and non-obvious process, machine, manufactured article, composition of matter, and to new and useful improvements of inventions. A utility patent is good for 20 years from the date of filing, and our attorneys can assist you with this process.

Patent Search

Without a patent obtained by the inventor, with or without the help of attorneys others can make, sell and import your invention, without your permission, and avoid paying you any compensation, royalties or license fees. To properly apply for and protect your invention, it is advisable that you have an attorney perform a patent search.


If you are in need of legal advice or services, or simply wish to speak to an attorney who has successfully handled Patent Law cases in your state, you may use this Free Online Consultation Form.

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