Intellectual Property Law

Chapter 17 Putting It Into Words Solution

Draft a brief explanation for a client of the importance of filing for patent protection at
the earliest possible opportunity.

After the passage of the America Invents Act, and effective March 16, 2013,
patents are awarded to the first inventor to file a patent application for the
invention with the U.S. Patent and Trademark Office. Thus, filing the patent
application before another can do so is critical to preserve your rights.

Moreover, under U.S. law, an inventor may not obtain a patent for an
invention if the claimed invention was patented, described in a printed
publication, or in public use, on sale, or otherwise available to the public
before the effective filing date of the claimed invention (unless the disclosure
is by the inventor or one claiming though him/her). Finally, for every month
that passes when you do not file your application, additional patent
applications will have been filed by others that may well bar your application
in that they may constitute “printed publications” that show that your
invention is not novel. Thus, you should file an application for a patent for
your invention as soon as possible.