Patent Law
Roscich & Martel Law Firm, LLC

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214 1/2 S. Washington Street, Naperville, IL 60540

Naperville Illinois Patent Attorneys

Naperville Patent Attorneys

Helping DuPage County and Illinois Inventors Obtain and Protect Patents

Patent law is essentially the law of inventions. A patent grants an inventor with the exclusive right to prevent others from using, making, or selling an invention. The United States Patent and Trademark Office (USPTO) is responsible for issuing patents and requires a great deal of convincing before granting any patent.

Patentable Inventions

Very rarely are patents applied for and granted without any questions from the USPTO. Inventions must meet certain statutory requirements before being eligible for a patent. A patent must be: patentable subject matter, new, useful, non-obvious in light of the prior art, and must be described in a way such that those who are skilled in the art would be able to replicate the patent, given its specifications.

  • Patentable Subject Matter - The idea you have must be something that can be patented. Processes, machines, articles of manufacture, and compositions are examples of patentable subject matter.
  • New (Novelty) - Is your invention new? Your invention cannot be something similar to or an obvious derivation of something that someone else has already come up with. It could, however, be an improvement upon another's invention.
  • Useful - What does the invention do? What problem does the invention solve? It is always important to remember that your invention must serve some purpose or function. If it has no use, it will not be eligible for patent protection.
  • Non-Obvious - Would your invention be something that is fairly obvious, given what already exists in the universe of knowledge? Your idea cannot be something that is obvious or something that could have been easily thought of by others. (It is still possible to get a patent on an improvement of another's idea, so long as the modification creates a new, non-obvious invention that solves a problem.)
  • Enablement - Are you able to describe your idea in a way that it can be replicated by other people who are similarly skilled in the technical area related to your patent? It is one thing to have an amazing idea that no one else has ever thought to do, but it is another thing to be able to explain how to re-create your idea to others. The USPTO requires that the patent be described in such a manner that others can reproduce the invention.

Call Our Illinois Patent Attorneys at 630-355-5222

Patent law is a unique creature and requires a great deal of focus. The attorneys at Roscich & Martel Law Firm, LLC can research and register your patents in the USPTO and will protect the rights of patent holders. If you are an inventor and have come up with an idea that you think is worthy of patent protection, contact us today at 630-355-5222 to discuss your patent claim. In addition, if you are a current patent holder and you believe your rights have been infringed upon, do not hesitate to call us to discuss your rights as a patent holder. We offer free initial consultations and welcome all types of patents.

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