What Every Inventor Needs to Know About Getting a Patent
America is a nation of inventors. If you have a great idea and are considering obtaining a patent for it, there are several things you need to take into consideration before applying:Does it already exist? Be sure you conduct a thorough patent search to ensure that your invention is something new.
Does your invention qualify? You cannot patent an idea. You must also be able to demonstrate that your invention is new and how it works. Plus, your invention cannot have been for sale or known about for more than a year before the patent application is filed.
Have you kept good records? You should have kept careful written records of each step in your invention process, with descriptions and diagrams that demonstrate how you came up with the idea. You may also need to have built and tested a prototype.
Does your invention have commercial potential? Applying for a patent takes time and money, so you should be sure your invention has commercial potential before you apply. Doing research on the market and assessing demand will help you determine if it is worth it to file for a patent.
If you have an invention that meets all these qualifications and are interested in learning more about the patent process, contact our Jacksonville, Florida business and tax law firm.




New York City announced in October 2009 that it would be taking steps to assert its legal right to the name "Tavern on the Green." The name belongs to a world-famous restaurant, situated in New York City's Central Park and was reportedly appraised at $19 million. The license to run the restaurant is granted by the City of New York.


The American Civil Liberties Union (ACLU) has filed suit against three parties to a patent that covers genetic testing for breast cancer. The patent is held by the University of Utah, which licenses it to Myriad Genetics. They are both named in the suit. The third party named in the suit is the US Patent and Trademark Office (USPTO) itself, for issuing the patent in the first place. All three defendants filed motions to have the case thrown out. New York District Court Judge, Robert Sweet, has ruled that the case may proceed to trial.
The US Department of Justice has announced the formation of a task force that will focus on fighting US and international crimes committed in relation to US intellectual property. The task force will work closely with state, local and international law enforcement agencies. It will also closely scrutinize current intellectual property enforcement activities as well as look at the the links between international intellectual property crime and organized crime.
A new patent awarded to Google has sparked a media debate over Google's intended use for the software method in question. The patented method allows Google to selectively restrict content based on a variety of parameters, including geographic location.
This has led some to believe that Google may be trying to censor certain content in specific countries, which is something Google has taken a stand against in their ongoing war of words with China.
But a closer look at the wording of the patent would seem to imply that the new software method is more about protecting Google from copyright infringement in relation to its new book scanning initiative. In fact, the major use case presented in the patent describes a system where the accessibility of scanned reading materials is either restricted or limited to certain passages based on user access privileges that are based on local copyright laws.
This step is necessary for Google because of a lack of consistency in copyright law and Fair Use Doctrine from one country to another. What is considered public domain or fair use in one country may spark a copyright infringement lawsuit in another. The new patent appears to have been designed to help Google remain compliant with copyright laws around the world.
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