Find Lawyers in Maryland, United States for Patent Law
Mr. Craig is a practicing patent attorney who represents scientists, engineers and technology-oriented companies. He helps clients protect, defend and commercialize their intellectual property. Formerly an electronic design and software engineer, Mr. Craig has more than 20 years of experience in patent procurement, licensing and transactions as well as in trademark, copyright, trade dress and trade secret issues. He also represents clients in all phases of patent litigation, including distric...
Kimberly S. Grimsley is a partner at Oliver & Grimsley. Ms. Grimsley’s practice concentrates on intellectual property matters, including trademark, copyright, licensing, software, advertising, social media marketing and business law matters, including corporate formations and contract review. Ms. Grimsley regularly counsels clients on their intellectual property rights, including identifying, building, protecting and enforcing those rights. She also assists clients in overseeing the...
Frank Jones chairs the firm's Business Department, which includes the corporate, technology, IP, securities, tax, employee benefits, employment and other non-litigation practices. In over 25 years of practice, he has earned the reputation of being a true business advisor, with both the substantive depth and practical experience needed to respond effectively to the business issues faced by both emerging and established businesses. His practice covers all aspects of business planning and advice...
Mr. Oliver concentrates his practice in transactional technology law - with an emphasis on technology deals (including mergers, acquisitions and joint ventures) and in transactional intellectual property matters, including acquisition, protection and enforcement of intellectual property rights in computer software and internet technology. Mr. Oliver has extensive experience negotiating licensing of computer software, and licensing and ownership resolution of digital information on the interne...
Mr. Stone serves as Co-Chair of Whiteford, Taylor & Preston's Technology and Intellectual Property Practice Group, and has extensive experience in the preparation and prosecution of patent applications in the mechanical, software, electrical, chemical, biomedical, and business method arts; the preparation and prosecution of Patent Cooperation Treaty (" PCT ") applications and foreign applications; and the performance of patentability analyses and preparation of patentability opinions. He ...
Represented telecommunications sales management software developer in licensing, copyright and trade secret dispute before three member AAA panel Represented international flooring manufacturer in patent infringement suit before International Trade Commission Represented mobile office and storage leasing company in patent infringement matter Represented publicly traded company in federal trademark disputes Represented City of Baltimore in negotiations with telecommunications carriers for inst...
Patent Law Definition
A patent is a contract between an inventor and the government. The inventor provides a complete description of the invention to the public in an application for patent. This benefits the public by providing knowledge of the invention for use as a foundation for additional innovation. In return, if the invention is new (as compared to everything known to the public prior to the invention), a patent is issued. This patent gives the inventor a right to exclude others from making, using, offering for sale, or selling the patented invention throughout the United States, and from importing the invention into the United States, for the life of the patent, usually 20 years from filing.
Grant of a patent does NOT itself give an inventor a right to exploit the patented invention – it only gives the inventor a right to exclude others from practicing the invention. For example, if an inventor makes an improvement to a previously patented machine, and gets a patent, the inventor can prevent the owner of the original patent from using the improvement. However, the inventor may not be able to exploit the improvement itself, at least until the original patent expires, because such exploitation might infringe that original patent.
Title 35 of the United States Code (the “Patent Statutes”) set forth the standards and procedures for obtaining patents. Patents are granted by the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce.
The following items are patentable under these statutes:
- Processes: new methods of doing something
- Machines: engines, machinery, instruments, gadgets, etc.
- Articles of manufacture: circuits, tools, structures made of metal, plastics, ceramics, etc.
- Compositions of matter: new pharmaceuticals, chemical compounds, naturally occurring substances when substantially purified, DNA sequences, biological materials, e.g. bacteria, viruses, proteins and protein fragments, monoclonal antibodies, epitopes, and vectors.
- Improvements in any of the above
- Living organisms: genetically altered plants and animals.
- Computer programs: alone and in conjunction with other equipment.
- Business methods: methods for doing business, but not those solely directed to patenting abstract ideas.
- Designs: ornamental aspects of articles of manufacture.
- Non-patentable items include: nebulous concepts or ideas, laws of nature (e.g., gravity), mathematical algorithms alone (but computer-implemented mathematical algorithms producing a concrete, useful, and tangible result are patentable subject matter), and purely mental processes.
A key element to effective patent protection is writing patent claims that define the invention as broadly as possible, but without overlapping prior art that could make the patent invalid. This is generally best done by someone with skill and experience in patent practice, so consulting with a patent attorney is a wise choice.
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