We've been selling a product for over a year before we considered getting a patent for it. Is there any recourse we could take?

Under US patent law, once an invention has been sold there is a one-year time limit to file a patent application. This one-year grace period in the...

My provisional patent gives details I don't want to give away. Do I do a new more vague one and just let the old one die off?

A patent provides a time limited monopoly to the inventors for a complete disclosure of their invention. Patents that fail to give a complete...

The USPTO does not send notices that maintenance fees for a patent are due. It is the patent attorney and/or the assignee/inventors job to check...

Does the patent office call up an engineer to try to construct the invention using the elements listed?

No. The USPTO does not have the resources available to try to construct an invention using the elements provided. If an examiner doesn't believe...

The USPTO does not require you to file a patent application using the two column format. However, the USPTO has certain formatting requirements for...

The length of time required to prepare patent application depends upon the complexity of the technology, the willingness of the inventors to assist...

If someone infringes on a patent, for which, the independent claims list the invention as a process, method, and a system....

No. Treble damages is awarded when there was been a willful infringement of a patent, e.g. I know my product/process/system infringes your patent...

To what extent can a poorly written provisional patent be compensated for with a non-provisional patent referencing it?

A poorly written provisional patent application may be fatal to getting a patent for your invention. Once a provisional application is filed, an...

The measurement for granting amazon's one click patent was that it was unobvious because nobody had done it before.

In order for an invention to be patentable, it must be novel or new as defined by patent law. That is, if certain public disclosures have been...

What is the legal document that others sign prior to examining intellectual property in order to keep it safe?

A non-disclosure agreement (NDA) or a confidentiality agreement (CDA) is a legal contact between the parties that outlines the information that the...