Patent Law

Patent Attorney in Charlottesville, VA

 

You have worked hard to develop your ideas, and Dale R. Jensen is dedicated to protecting your intellectual property. Because of his degrees (in metallugical engineering as well as electrical and computer engineering) and his experience working as an engineer for over 20 years, Dale has a special perspective on patent law and the representation of our clients.  He is dedicated to providing confidential, detail-oriented patent representation to inventors in any field.

 

 

What Will Dale Do for You?

 

  • He can advise you on different factors that will benefit you in your pursuit of US or foreign patent rights

  • Dale can perform a limited search for patents that could potentially defeat patentability of your concepts

  • He can assist in filing patent applications in jurisdictions in which you desire patent coverage

  • Dale will monitor and manage your intellectual property globally

  • He will personally draft documents and file your patents

  • Dale will provide detailed guidance and information so you can make informed decisions

 

What is a Patent?

 

A patent, is basically a contract between you and the government.  A patent gives inventors the ability to control the making, selling, and using of their concepts for a limited time.  In order to obtain a patent, among other things, your concepts must be both new and useful.  Without a patent someone else could take advantage of your inventive concepts, without your permission, and profit from them.

The Three Types of Patents
  • Utility patents have a 20 year term and provide rights concerning inventive devices, systems, and/or methods

  • Design patents have a 14 year term and provide rights concerning ornamental and design features of a device and/or system

  • Plant patents have a 17 year term and provide rights concerning new species of asexually, or genetically engineered, plants

Patent Maintenance

 

Additional patent fees are required during the succeeding years to maintain your patent. This applies to all patents except design patents. The fees are due:

 

  • 3.5 years from date of original issue

  • 7.5 years from date of original issue

  • 11.5 years from date of original issue

Patents have certain requirements.

 

To patent an inventive concepts, those concepts must meet certain conditions.

 

  • The concepts must be novel

  • The concepts must not be obvious in veiw of what has been done in the past

  • The concepts must have some usefulness​

 

Some Concepts Can’t be Patented?

 

Some things cannot be patented, such as laws of nature or natural phenomena. A patent must be a solid, real invention, it can’t be an abstract idea. Literary or artistic works can’t be patented, but they can be copyrighted.

What is a Patent Search and Why is it Important?

 

The cost of obtaining a patent is high and a patent should not be sought if someone else has already applied for a patent on similar concepts.  This is why you should first perform at least a brief art search before filing for a patent.  Dale will perform a limited search according to agreed upon constraints.  The search will involve both domestic and international public disclosures in an effort to locate published documents that might be used to defeat patenting of your concepts.  Because patent databases are not complete and there are limitations in each searches extent, it is not possible to assure patentability; but a reasonable search can often circumvent expenses from filing for patents that can't be granted.

 

  • Utility patents have a 20 year term and provide rights concerning inventive devices, systems, and/or methods

  • Design patents have a 14 year term and provide rights concerning ornamental and design features of a device and/or system

  • Plant patents have a 17 year term and provide rights concerning new species of asexually, or genetically engineered, plants

 

The Patent Prosecution Process

The patent prosecution is the process of the government examining your patent application. The United States Patent and Trademark Office will assign an “examiner” who has the procedural knowledge to judge the invention and the application. They will review the patent and perform their own thorough patent search to determine if your invention is able to be patented. Dale will communicate with the appointed examiner on all identified issues such as clarification of the scope of cited prior art that might have been asserted against your claimed inventive consepts.  Following the successful completion of examination of the review of your patent application, and payment of the issue fee, the patent becomes an issued patent.

International Patent Experience

Dale has successfully represented more than 750 inventors worldwide in patent issues, and he understands the complexities of international patent protection and disputes. Inventors seeking international patent protection should always remember that the less they share with others before patent filing, the better. Confidentiality is very important, and Dale offers discrete, detail-oriented service to protect your ideas in any industry or geographic arena.

 

Note: if you publicly announce your patent idea prior to filing for a patent you may jeopardize your ability to acquire a patent. If you want more advice regarding patenting, call (434) 533-5529.

© 2020 by Dale Jensen, PLC. Proudly created with Wix.com