AU LLC 2026-06-19T20:31:06Zhttps://www.au-llc.com/feed/atom/WordPress/wp-content/uploads/sites/1404981/2026/02/cropped-au-site-32x32.pngOn Behalf of AU LLC<![CDATA[Can I patent my AI-created work?]]>https://www.au-llc.com/?p=2566212026-04-09T19:10:37Z2026-04-09T19:10:37ZNavigating the realm of patenting AI-created works presents a complicated challenge. As AI technology advances, the legal system struggles to keep pace. Creators must understand the difficulties in patenting AI-generated inventions and the necessity of consulting with an experienced Chicago patent IP lawyer to avoid making mistakes.
What are the potential issues when patenting AI work?
The concept of patenting AI-created works is still evolving, with many uncertainties and legal hurdles. Creators face numerous challenges when considering patent protection for their AI-generated inventions:
Ownership: Determining who owns the rights to an AI-created work can be complicated, especially when the development process involves multiple parties.
Inventorship: Patents require a human inventor. An individual cannot list AI as an inventor, raising questions about how to credit contributions made by AI.
Novelty and Non-Obviousness: AI-generated works must still meet the criteria of being novel and non-obvious, which can be difficult to prove due to the automated nature of AI creation.
Patent Eligibility: Not all AI-created works qualify for patent protection. Understanding what constitutes patentable subject matter is crucial.
Navigating these challenges requires a deep understanding of both AI technology and patent law. Without proper guidance, creators may find themselves facing legal disputes or losing potential rights.
No room for mistakes
Engaging with a knowledgeable Chicago patent IP lawyer offers several advantages. They provide tailored guidance for creators to understand the legal landscape and make informed decisions. Lawyers help assess the patentability of AI-created works, guiding creators through the complex process of application and protection. They also offer strategies to overcome challenges related to ownership and inventorship, ensuring creators retain their rights.
Protecting AI-created work
As AI technology continues to evolve, the legal landscape will change. Creators must stay informed about developments in patent law and seek legal guidance to protect their innovations effectively. With proper support, creators can confidently navigate the patent process, minimizing risks and maximizing the potential for successful protection.]]>On Behalf of AU LLC<![CDATA[Frequent mistakes in patent applications and how to prevent them]]>https://www.au-llc.com/?p=2566272026-04-09T19:14:39Z2026-01-09T20:13:14ZPatent protection can define your competitive edge or leave your ideas exposed to competitors. For business owners, executives and inventors, the application must be precise. Even small mistakes can delay approval or weaken your rights. Identifying these risks early helps you build stronger protection and avoid costly setbacks.
Failing to confirm patentability
Start by confirming whether your invention qualifies for a patent. Conduct a thorough search of existing inventions (known as prior art) to determine whether your idea is both new and non-obvious. Being new is not enough; your invention must also offer a meaningful improvement over existing technology. If the patent examiner considers it an obvious variation of a known invention, the USPTO will likely reject your application. Skipping this step can cause avoidable delays or outright denials.When you understand what qualifies, you can move forward with confidence.
Provide complete patent disclosure
Your application must clearly describe how the invention works. Lack of details can lead to rejection by the United States Patent and Trademark Office (USPTO). Be sure to include:
Written description: Outlines the invention and its key elements
Enablement section: Explains how someone skilled in the field can make and use the invention
Technical drawings: Illustrate the invention’s structure and components
Best mode disclosure: Explains the most effective way to implement the invention
Terminology usage: Maintains clear definitions and uniform use of all technical terms
Clear and complete disclosures increase your chance of success. Once this is in place, the next step is to protect your invention’s boundaries
Aligning patent claims with legal and business goals
Your claims define the boundaries of your legal protection. Broad claims often fail, while narrow ones can leave gaps that competitors may exploit. Strong claims highlight your invention’s core value and align with your commercial strategy. You or your patent attorney should draft each claim carefully to meet legal standards and support your business goals. Even well-written claims must apply in the right jurisdictions to deliver full protection.
Ignoring international protection
Patent rights do not carry over between countries; if you do not file for protection in other countries, competitors may legally use or sell your invention in those markets. Filing under the Patent Cooperation Treaty or in specific markets like China or the EU can protect your interests worldwide.Plan your international strategy early to preserve your global protection options.
Avoiding costly mistakes starts with the right guidance
Filing on your own or relying on generic tools often leads to avoidable errors. Each stage of the patent process, from disclosure to claims to international filings, requires legal and strategic precision. Working with experienced counsel helps you avoid mistakes and align your patent protection with your business goals.Working with a firm experienced in U.S. and international filings, particularly in key markets like China, can strengthen your application from the outset.]]>On Behalf of AU LLC<![CDATA[What do patent holders need to know about AI?]]>https://www.au-llc.com/?p=2566242025-11-13T17:44:49Z2025-11-13T17:44:49ZHow has AI impacted patent law?
AI's rapid development has led to significant changes in patent law. Traditional patent frameworks struggle to accommodate AI's unique characteristics, such as machine learning algorithms and autonomous systems. Patent holders who wish to protect innovations that include the use of AI must navigate these complexities to help better ensure their inventions receive adequate protection.
Business leaders must address challenges in patenting AI innovations. These include the need to define inventorship and questions of novelty and non-obviousness. AI systems can independently generate inventions, which complicates the identification of the human inventor. AI's ability to rapidly analyze data and generate solutions also challenges the criteria for novelty and non-obviousness in patent applications. Inventors must address these questions in order to receive protections. With a proactive approach, business leaders can better ensure their IP remains secure while utilizing evolving AI technologies.
Are you keeping your IP patents up to date?
In addition to challenges around protecting innovations that include the use of AI, it is also important to make sure that existing patent protections remain up to date. It is wise to regularly review and update your patent portfolio to prevent vulnerabilities and enhance your competitive position. You can better ensure you achieve this goal by conducting regular internal audits to assess your patent portfolio to identify gaps and opportunities for improvement. It is also wise to monitor technological advancements and stay informed of AI developments. This will help you and your team better anticipate potential impacts on your patents.
By implementing these strategies, patent holders can safeguard their innovations and successfully adapt to the dynamic landscape of AI technology.
AI's intersection with patent law presents both challenges and opportunities for patent holders. Business leaders who understand the implications of AI on patent protection are poised to make the most of this transitional time and better ensure their business ventures are set up for success in the future market.]]>On Behalf of AU LLC<![CDATA[U.S. companies leading the way in AI patents]]>https://www.au-llc.com/?p=2566832025-08-05T13:06:02Z2025-08-05T13:01:44ZIn the rapidly evolving world of artificial intelligence (AI), U.S. companies are at the forefront, securing patents that drive innovation and shape the future. As AI becomes integral to various industries, such as telecommunications and transport, American firms are leveraging their technological prowess to dominate the patent landscape, ensuring they remain competitive in the global market.
U.S. outpaces China in AI patent filings
The U.S. patent offices have seen a surge in AI-related filings, with 152,981 applications, surpassing China’s 137,010. This reflects the US's commitment to innovation and its ability to translate theoretical research into practical applications. Machine learning, a key AI technique, dominates the patent filings.While U.S. companies lead in AI patents, China is not far behind, with the Chinese Academy of Sciences being a prominent player in AI research. The competition between the US and China is fierce, with both countries investing heavily in AI technologies.
Leading U.S. companies in AI patents
IBM stands out as a leader in AI patents, consistently pushing the boundaries of technology. Alongside IBM, tech giants like Alphabet, Microsoft and Google are investing billions into AI research and development. These companies are not only filing patents but also acquiring AI firms to bolster their capabilities. Alphabet, for instance, has acquired tens of AI companies, demonstrating a strategic approach to expanding its AI portfolio.
Navigating the complex world of AI patent law
The U.S. Patent and Trademark Office has established guidelines for AI-related inventions, focusing on their practical applications rather than abstract concepts. This approach encourages innovation while ensuring that patents are granted for tangible, useful technologies.As AI continues to evolve, so does the legal landscape surrounding it. Companies must navigate complex issues such as inventorship, patent eligibility and the balance between protection and innovation. Given these complexities, seeking legal help is often advisable for businesses looking to protect their AI innovations.As AI continues to transform industries, the global race for patents will intensify. US companies are well-positioned to lead this charge, driving technological advancements and setting the stage for future innovations. ]]>On Behalf of AU LLC<![CDATA[Patent Law What Inventors and Startup business Owners Need to Know]]>https://www.au-llc.com/?p=520892025-07-07T10:10:51Z2023-12-28T07:39:42Zdesign patent law and the process of securing a patent will help you make a plan and get started.
Patent Law Rewards the First Person to File
The United States is now a country with a first to file rule.
The United States used to be a country that followed the first to invent rule.
This meant that an inventor’s date of invention was the date of conception of the intellectual property.
Thus, if an inventor was the first person to use the invention in practice, the law would consider him or her the first inventor, and he or she would be entitled to the patent.
The court would award a patent to the first person to use the invention in practice, not necessarily the first person to file for patent protection.
In 2013, the United States abandoned the first to invent rule in favor of the first to file a patent rule.
Under the first to file system, the court grants a patent to the person who files a patent application first.
Why is this change significant?
Now, it is imperative that you are the first to submit a patent application.
It is wise for startup business owners and inventors to apply for a patent before publicly demonstrating the invention or offering it for sale.
It is often best to keep the invention as private as possible until you are able to file your patent.
Skilled Chicago patent attorneys will help you file a provisional patent that is properly constructed. Whatever you do, do not put off filing for a patent. The risk is too significant.
Provisional Patents can be a Useful Tool for Inventors and Startups
Anyone can file a provisional patent application, which allows for filing without a formal declaration, oath, and formal patent claim.
If you do not want to lose the chance to acquire a patent due to not filing first, a provisional patent will allow you more time to work on your invention.
Provisional patent applications are filed at the United States Patent and Trademark Office (USPTO).
In your application, you will need to describe the invention as completely as possible.
However, you will not need to meet all of the formal requirements of a non-provisional patent application.
The most important benefit of filing a provisional patent application is that you will have a priority patent filing date, but the patent term does not start with the filing.
As discussed earlier, the United States is now a first to file country.
Filing a provisional patent will secure your filing date before someone else.
Provisional patent applications also cost less than non-provisional patent applications.
If your provisional patent is granted, you can use the term “Patent Pending” to describe your invention.
Provisional patent applications last one year from the date of filing.
Sometimes the court will extend the amount of time the provisional patent lasts under exceptional circumstances.
It is crucial that you file a non-provisional patent before the 12-month deadline.
Inventors and Startups Need to be as Specific as Possible When Filing a Patent
Some inventors want to make their patents as broad as possible to give themselves the most protection.
They are afraid that if they narrow down the description of the invention, they will lose opportunities to claim variations of their product.
On the contrary, your patent application must be specific to be effective.
An overly broad claim or disclosure in a patent is easier for opponents to challenge.
Federal patent law requires that patent applicants define and particularly identify their invention with specificity.
A judge could rule that an overly broad patent application does not adequately describe how to make and use your invention.
If you are genuinely concerned about publishing the secrets surrounding your invention in a patent application, you may need to file a trade secret.
An intellectual property trade secret attorney will help you determine if you have a trade secret and the best ways to go about protecting that trade secret.
Attorneys can also help ease your fears about using specifics in your patent application if you are concerned about secrecy.
Be Sure to Include as Many Patent Drawings as Possible
Patent applicants must provide at least one patent drawing or illustration when it is possible to draw the invention.
Most inventions can be illustrated, so you will likely need to include at least one drawing.
High-quality patent drawings add a level of detail and sophistication to your application.
It is also wise to include a paragraph of text with every illustration.
The combination of skilled drawings and explanatory text go a long way to represent your invention accurately.
Spare Yourself a Headache and Make Sure You File Your Patent Correctly the First Time
Filing a patent application is nothing to take too lightly.
The patent prosecution process is often lengthy and costly.
Taking the time to seek an evaluation of your invention and place in the patent process will benefit you immensely.
You have worked hard on developing your invention.
Make sure you protect that invention with a patent.
The skilled Chicago area patent opinion attorneys at [nap_names id="FIRM-NAME-1"] will evaluate your invention and guide you through the patent application process.
Contact AU LLC today to set up an initial consultation.]]>On Behalf of AU LLC<![CDATA[How To Prepare For a Design Patent Application]]>https://www.au-llc.com/?p=520882025-07-07T10:08:53Z2023-12-28T07:38:25Zdesign patent application is making the drawings of the design. Design patents protect the ornamentation of a product. The illustrations in a design patent application tell a story, whereas drawings in a utility patent show the design of the product that should be protected. In other words, the drawings in a design patent application should demonstrate the look that the patent is protecting.
If you are interested in applying for a design patent, hiring a skilled patent law attorney is essential. At[nap_names id="FIRM-NAME-1"], our experienced Chicago patent attorneys have the experience and knowledge to help our clients prepare stellar design patent applications. If you are interested in filing a design patent process, we can help. Contact our Chicago patent law firm today to discover how our experienced design patent attorneys can help you file your design patent.
Ensure That You Have the Proper Subject Matter for a Design Patent
A design patent protects the way a product looks. The United States Patent and Trade Office (USPTO) requires that a product have a unique or distinctive shape or appearance that is not dictated by its function. For a design to be patentable, it must be original. Designs that stimulate naturally occurring or well-known designs are not original enough to qualify for a design patent. Finally, subject matter that is offensive to nationality, ethnic group, sex, religion, or race will not qualify for a design patent.
Ensure That The Design Patent Includes Necessary Application Elements
The USPTO requires design patent applications to have the following elements:
A preamble that states the applicant’s name, the title of the design, and a brief description of the intended use and nature of the article that the design patent will embody.
Cross-references to applications that are related to your application
A statement regarding any federally sponsored development or research
A feature description
A single claim
Photographs or drawings
An executed declaration or oath
The filing, examination, and search fees
Focus Your Drawings on the Unique Portion of Your Design
When submitting a design patent application, drawings should focus on the unique aspects of your design. If the overall product design is unique, then the drawings should showcase the overall design of the product. Prepare the pictures for your design patent application at the end of the product development cycle.
If your design changes at any point before your product launch, it is essential to ensure that you create new drawings that showcase the final design before applying. If the USPTO declines the design patent, you may need to re-design the product and recreate molds or change your manufacturing process. Thus, waiting until you are sure you have finished the design process, and you know that the design is unique can be beneficial.
Use Unique Drawings When Filing Utility and Design Patent Applications Together
If you plan on filing a design patent application and a utility patent for the same product, it is wise to submit different drawings for each application in many cases. While using the same drawings for both applications can save money, using the same drawings may increase the likelihood of USPTO denial of one or both applications.
Drawings that focus on functional features cannot showcase the unique design of a process. Similarly, design drawings cannot show the utilitarian or functional aspects of the product. Using utility drawings in a design patent application could seem like an admission that the design aspect of the product is not unique. Design patents cannot protect functional features.
Complete a Design Patent Search
When filing a design patent application, it is wise to search. The more thorough the design patent search, the higher the chance you will discover that your design is not unique. If you find out that a design patent exists and is already patented, your potential design patent is not unique. The USPTO will only issue design patents when a design is new, original, and ornamental. Design patents last for 14 years from the patent filing date.
Anyone can conduct a design patent search in the nearest USPTO library. You can also use Google Patent Search as well as the USPTO website. Paid patent services also exist. Searching for a design patent is not as easy as many may think. When it comes to design patents, the most descriptive parts of the patent are the drawings. It is difficult to enter the right keywords when conducting a design patent search.
The most thorough and accurate way to conduct a design patent search is to search through relevant images. If you are concerned that your product already has a design patent and is therefore not original, hiring a design patent attorney could benefit you. At[nap_names id="FIRM-NAME-1"], our skilled Chicago design patent attorneys have the experience and skill needed to conduct thorough design patent image searches. When you are attempting to file a design patent, it is worth the time and expense to hire professionals to conduct a search.
Respond Quickly to Your Patent Examiner
After the USPTO receives your design patent application, they will send you a notice that states your filing date. If the patent examiner assigned to your application allows your application, he or she will give you instructions for completing the application process. When you contact your designated patent examiner, be sure to have your filing date, the application number, group art number, and invention title ready. If the examiner requests additional information, be sure to respond quickly, accurately, and thoroughly, so you do not slow the process down.
We can Help With Your Design Patent Application
Filing for a design patent can be time-consuming and frustrating. The skilled patent attorneys at[nap_names id="FIRM-NAME-1"] have helped many clients file successful design patents. Contact our Chicago patent law firm today to schedule your initial consultation.]]>On Behalf of AU LLC<![CDATA[Amazon is Using a New Patent Infringement Prevention Protocol]]>https://www.au-llc.com/?p=520872025-07-07T10:06:21Z2023-12-28T07:37:36ZIndividual Amazon sellers make up 58% of sellers in the Amazon marketplace. Surprisingly 73% of Amazon sellers are small businesses with between one and five employees.
The large percentage of individual sellers adds diversity of products to the marketplace. However, sellers have also complained that many retailers sell stolen or counterfeit goods. With more people complaining about counterfeit goods, Amazon launched a new anti-counterfeit enforcement protocol called the Utility Patent Neutral Evaluation Procedure (UPNEP) in 2019. What does this new enforcement procedure do and how will it alleviate the problem of retailers selling fake or stolen goods?
Amazon’s Patent Protection Program Allows Private Parties to Arbitrate Patent Claims
The Amazon patent program allows any company to deposit $4,000 to request an evaluation of patent infringement. In other words, if a company believes an Amazon seller is infringing on its patent, it has the option to pay for a lawyer with experience in patent law to review the claim. After the company files the complaint, they notify the seller. If the seller does not dispute the allegations, Amazon will remove the product from Amazon.
What is the Patent Dispute Process Under Amazon’s New Program?
The only people or businesses who can file participate in Amazon’s new program must hold a utility patent. A utility patent is one that legally protects the functional aspects of the owner’s invention. Amazon refers to utility patents as an “Asserted Patent.” The company refers to the products that are allegedly infringing upon the patent as an “Accused Product.” Those who hold a design patent may not currently use the patent dispute process. Design patents differ from utility patents as they only protect non-functional or ornamental creations.
Filing a patent infringement claim on Amazon is relatively simple. Those who own intellectual property rights can fill out a contact form through Amazon’s website. At the end of the report, the owner or agent must click to agree to the statement that they understand that they are making a good-faith claim about the statements made under penalty of perjury.
If the seller disputes the patent infringement claim, Amazon will assign a patent lawyer to the complaint. The company then files an opening brief that explains the patent infringement claim. The seller then presents a response, and the company that owns the patent can submit a reply.
The Amazon patent attorney then reviews all of the motions and determines as to whether he or she thinks the owner’s patent has been infringed upon or not. The process takes a few months. There is no discovery or filing of additional legal motions. The winner of the claim pays the $4,000 fee.
The Potential Benefits and Negative Aspects of Amazon’s New Patent Program
Many people applaud Amazon for offering a patent dispute option that is relatively affordable and fast. Many Amazon third-party sellers do not live in the United States and are not subject to service of a lawsuit in the United States federal court system. Without the new program, owners of patents would be left without any proper recourse. The program also allows companies to boost their sales after Amazon removes products that infringe on their patents from their marketplace.
Detractors point out that the lawyers who are evaluating claims that are filed may not be impartial because they work for Amazon. They may directly or indirectly place Amazon’s interests ahead of the claims they are evaluating. Another potential problem could involve larger companies initiating the patent dispute process.
If smaller companies cannot afford to pay the $4,000 fee, they might not respond to the complaint. Amazon could then de-list the products. Amazon sellers who fail to pay the deposit or who do not return the required form within three weeks of being notified risk Amazon removing their accounts on the marketplace. In this case, Amazon will return the patent owner’s original $4,000 deposit.
Paul Morinville, a writer for IPWatchdog.com, reports that the poor state of U.S. patent law is part of the reason that Amazon launched its patent process. He makes the point that perhaps Amazon can and will replace federal patent courts due to their large scale and massive control of the online marketplace. If someone who files a claim through Amazon’s process is successful, Amazon stops them from selling which this author contends is akin to an injunction issued by a federal patent court.
The Federal Patent Courts Have Their Problems
The process of defending a patent claim in federal court certainly can be a lengthy and expensive one. The thought of bringing a federal patent lawsuit in Illinois federal district court can be overwhelming. As stressful as the thought of patent litigation can be, sometimes it is a necessary process that patent owners must go through to defend a patent.
Are You Considering Filing for a Patent Claim?
If you are an investor or business person who is considering filing a patent, it is essential to make sure you do so in the most thorough way possible. Expert patent attorneys can help you evaluate your existing prior art, your invention, or your issued patent. Allowing experts to assess the validity and patentability of your interests can help you in several ways. First, it can help you determine the validity of potential patent challenges and set up your patent for the most possible success.
If You Have a Patent Related Issue, We are Here to Help
The skilled Chicago area patent law attorneys at [nap_names id="FIRM-NAME-1"] will evaluate your patent application or patent and expertly guide you through the process. Contact AU LLC today to set up an initial consultation.]]>On Behalf of AU LLC<![CDATA[US Senate Panel Considers Broadening Patent Protections For Genes]]>https://www.au-llc.com/?p=520862025-07-07T09:58:54Z2023-12-28T07:36:52ZContact us to set up a consultation today.
Recent Supreme Court Rulings Regarding Patenting Human Genes
Peter O-Neill, chief executive director of the Cleveland Clinic Innovations, states that USPTO regulations and the rulings of federal courts are incongruent. This inconsistency leaves U.S. businesses unsure as to what genes are patentable.
The Cleveland Clinic received a patent for Myeloperoxidase (M.P.O.) in 2007. M.P.O. is an enzyme that indicates a person’s cardiovascular disease risk level. The USPTO validated the patents after two challenges. Conversely, the U.S. District Court for the Northern District of Ohio found that three out of four patents held by the Cleveland Clinic were invalid. The Supreme Court’s rulings have not made the delineation of what is patentable much clearer.
For example, the Supreme Court struck down a patent for the BRCA breast cancer gene mutations. In doing so, the Court cited the Supreme Court case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. as legal precedent. In Mayo, the Court applied the rule that businesses cannot patent laws of nature, natural phenomena, and abstract ideas. The Court found that because human D.N.A. is a “product of nature,” a business cannot patent it in the U.S. In other words, because discovering a gene does not create anything new, there is no intellectual property to protect with a patent.
The Mayo case, in particular, had a massive impact on intellectual property cases. Before the ruling, companies successfully patented over 4,300 human genes. As a result of the Mayo ruling, those patents became invalidated. As a result, companies, scientists, and research firms can access those genes for commercial genetic testing. Federal courts have subsequently thrown out other patents that the USPTO previously validated leaving the Clinic and others wondering how to proceed in the uncertainty of what patents the Court will uphold.
It is important to note that the Mayo ruling did not disallow D.N.A.’s manipulation to be patented. Companies can still patent D.N.A. manipulation because these gene sequences do not exist in nature due to their scientific alteration. In the Mayo ruling, the Court noted that synthetically produced complementary patent D.N.A. (cDNA) is still a patentable process.
The Proposed Legislation Would Contradict U.S. Supreme Court Rulings
The bi-partisan proposed legislation would allow for patent protection of scientific discoveries that include natural biological processes such as human genes. As noted, the U.S. Supreme Court has held that patent eligibility does not extend to the laws of nature, abstract ideas and natural phenomena.
The draft legislation would essentially statutorily override exceptions to patent eligibility created by Supreme Court rulings. The potential law would legislatively override the Court’s decisions that limit patent eligibility to the following:
Fundamental scientific principles
Products that exist solely and exclusively in nature
Pure mathematical formulas
Commercial or economic principles, and
Mental activities
Criticism and Support of Section 101 Reform
If the draft legislation becomes law, it will up-end over 150 years of patent law in the United States. Critics worry that if companies could patent natural processes such as gene sequencing, it will stifle scientific research. Scientists who wish to perform necessary basic research into human genomes would continuously worry about patent violations.
Lawmakers who support the bill contend that it would not give companies the power to patent fundamental research discoveries or human genes. Critics argue that the vague language of the proposed bill’s language could allow businesses to patent human genes. Charles Duan of Washington D.C.’s R Street Institute notes that the language in the proposed legislation “could make it possible to obtain patents on pure scientific research.” Will the proposed bill become law? Only time will tell.
How can a Business Tell What Ideas are Patentable?
The recently proposed patent law legislation illuminates the often complex nature of patent law. Not only are regulations and decisions put forth by the USPTO controlling, but businesses must also consider the rulings of the Supreme Court and other federal courts. One of the best ways to discover the likelihood of your possible patent withstanding challenges is to speak with skilled patent law attorneys at A.U. L.L.C., our patent attorneys will evaluate your invention in light of the patentability requirements outlined in 35 U.S.C. §§ 101-103.
The Patent Attorneys at A.U. L.L.C. Assist in Business, Intellectual, and Property Law
The A.U. L.L.C., our attorneys employ extensive written and legal oral advocacy skills to persuasively advocate for their clients. We analyze every client matter from a fresh perspective, maintaining a business-minded approach to resolving legal issues. We understand how essential patents are to our clients. Whether you need assistance applying for a utility or design patent, or you need a Chicago patent litigator to fight for your rights in Court, we can help. Contact A.U. L.L.C. today to set up an initial consultation.]]>On Behalf of AU LLC<![CDATA[Preparing for a Utility Patent Application]]>https://www.au-llc.com/?p=520852025-07-07T09:56:28Z2023-12-28T07:35:50ZContact our Chicago law firm today to schedule your initial consultation.
What is a Utility Patent?
A patent is a kind of property right that gives the patent holder a right to exclude other people from using, selling, or making their product. Utility patents protect “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Design patent applications only require a drawing of the design with limited text.
Utility patents, on the other hand, require a thorough written explanation as to how the invention works. The application should also describe any alternative ways to make the invention. Descriptions should include enough details that another person working in the same technical field could reproduce the results readily.
Thorough Preparation is Essential to Successfully Filing a Utility Patent
The first step to preparing a utility patent is to get a firm grasp of your invention. Draw your prototype and take a few days to analyze the drawing and think about anything you may need to change. Attempt to write out a detailed description of your product or process. Imagine that you are explaining your product or process to another person in your industry. Try to anticipate any questions another inventor in your field might ask and record the answers.
Your notes can help you share your vision when meeting with an experienced Chicago utility patent attorney. Applicants are more likely to file a successful patent application when they become experts on their product, it is a category, and relevant corresponding prior art.
Make Sure That Your Product or Process Meets the Novelty Requirement
The United States Patent and Trademark Office (USPTO) only grants utility patents for inventions that are novel. Inventions are novel when they are different than the prior art. Prior art refers to other products in the marketplace. Prior art is an idea or invention that someone else has already made available to the public. Prior art also includes patent applications filed before the current application. Evidence must show that the product or process was publicly disclosed or publicly available. Prior art can consist of any of the following:
Commercial use of the invention, product, or process
The invention has been available for sale
Journals, publications, or articles that discuss the product or process
A demonstration or public knowledge of the use of the invention
A patent application that another person previously filed that eventually became an issued patent or published application
Determine the Correct Classification of Your Invention
The USPTO employs a classification system to organize patents. Applicants need to classify their inventions correctly. When applicants do not adequately classify their inventions, the USPTO may deny their application as a result. The skilled patent attorneys at[nap_names id="FIRM-NAME-1"] can help you determine the proper classification and subclassification for your invention.
Conduct a Utility Patent Search
Conducting a prior art patent search is crucial to file a utility patent application successfully. It is better to discover that your invention is not novel early in the process to avoid the costs associated with filing a utility patent. Utility patent applicants can search for prior art online using Google Patent Search, which allows applicants to search for patents via category and keywords.
Inventors can also utilize the USPTO’s Public Patent Application Information Retrieval to search for existing or filed patents. While inventors can conduct a prior art search online, it is wise to seek the counsel of a skilled patent attorney. Successful prior art searches are complex and require nuance. A competent patent attorney can assist you in completing a more thorough search. Nonetheless, conducting basic searches can help applicants focus on the truly unique aspects of their invention.
Ensure Your Utility Patent Meets the Formal Requirements
Utility patents are the most commonly issued types of patents. Despite their prevalence, utility patents require the lengthly, detailed application of a formal nature. Utility patents must include several sections. Each section has unique formatting rules. The USPTO will only approve patent applications when the application contains a thorough explanation of how the product or process works.
Utility patents must begin with a brief abstract, which is a summary of the invention. It should then include drawings of the products if necessary for understanding the product or process. The application must consist of a descriptive specification and end with a listing of numbered claims. The description must include a written description, an enablement requirement that would allow another person to replicate the invention and a summary of the best approach to practicing the invention.
The application should also thoroughly discuss alternative ways to create the invention. The description must provide enough specific information that another person in the same scientific or technical field could easily reproduce the novel product or process. In sum, the applicant must teach others about the invention.
The Attorneys at[nap_names id="FIRM-NAME-1"] Can Assist You in Filing a Utility Patent
The requirements for successful utility patents are complex and rigorous. Hiring a patent law attorney can save you time and money. At[nap_names id="FIRM-NAME-1"], our skilled utility patent attorneys approach every patent application with a fresh perspective.
We work hard to exceed the expectations of our clients and maintain a business-like perspective when it comes to financing. Our attorneys put our entrepreneurial and technical experience to use. Though located in Chicago, our firm represents clients throughout the United States. Contact our business law firm today to schedule your initial consultation.]]>On Behalf of AU LLC<![CDATA[The Basics of Patent Law]]>https://www.au-llc.com/?p=520842025-07-07T09:54:33Z2023-12-28T07:35:06Zdesign patents. The idea or invention must be new, useful, and not obvious to qualify for a patent.
A Brief History of Patents in the United States
American patent law began even before the founders ratified the Constitution. For over three centuries, Americans have patented ideas and products. Colonies that would later become states granted some patent applicants the exclusive commercial rights to use their products. Courts grant patents for a specified amount of time.
In 1641, the Massachusetts General Court granted Samuel Winslow a patent, providing him the exclusive right to a novel salt-making process for 10 years. While patent law has evolved in the United States since the first issuance of a patent, the foundational idea remains the same. Inventors of new or novel products have a right to apply for a patent that gives them exclusive rights to the product or idea for a specified period.
Utility Patents are Patents For Inventions
The most common type of patent is a utility patent. Utility patents protect the creation of a new or improved process, product, or machine. The owner of a utility patent has a right to prohibit other individuals or businesses from making, using, or selling the invention without authorization from the patent holder. Utility patents give others exclusive commercial rights to utilize and product the latest technology. Utility patents fall into three categories — electrical, chemical, and mechanical. The invention must be new, non-obvious, and useful to qualify a utility patent,
The USPTO grants utility patent holder exclusive commercial rights for 20 years. Examples of products or processes that are subject to utility patents include the following:
iPods, iPhones, Android phones, Kindle tablets
Chemical fertilizer
The method of manipulating genetic traits in mice
Because utility patents give inventors exclusive commercial rights for such an extended period, these types of patents are somewhat challenging to undertake. Completing the application for a utility patent can be challenging and time-consuming. In some instances, utility patent applications are expensive to undertake. It is wise for individuals or businesses seeking a utility patent to consult with experienced Chicago patent attorneys.
The utility patent attorneys at[nap_names id="FIRM-NAME-1"] help our clients submit accurate and timely patent applications. We remove a portion of the stress and uncertainty that comes with applying for a utility patent. Our attorneys understand how much time and money our clients have already invested in their product. That is why we take all patent applications exceptionally seriously.
Utility patents protect how an object works. A design patent protects the ornamental design or the looks of a product. Designs must serve a practical utility to qualify for a design patent. As with utility patents, a design must be new, useful, and not obvious to be eligible for a design patent. In 1915, the company Coca-Cola received a design patent for the design of its classic “contour” or “hobble skirt” bottle. The Coca-Cola bottle design was the gift glass container to receive a design patent based on its unique shape. The design patent did not protect the Coca-Cola formula itself; it only protected the shape of the bottle that went on to become one of the most iconic aspects of the brand.
The following types of designs may qualify for a design patent:
Jewelry designs
Furniture designs
Beverage container designs
Computer icons
Cell phone designs such as the Apple iPhone design
Design patents that consist of line drawings only protect the part of designs that have solid lines. Patents do not protect dotted lines. This issue came into play when a jury recently awarded Apple damages after Samsung copied the solid lines protected by Apple’s iPhone design patent.
Filing a Design or Utility Patent Application
Applicants may file either a provisional or non-provisional utility patent application. A provisional utility patent application is helpful when the applicant needs more time. Provisional patents last one year from the date of filing. A non-provisional utility patent application requires a significant amount of detail about the invention. Applications should include a detailed written description and claim of the invention, thorough drawings, and a declaration of oath by the inventor. It is wise to do a patent search for both design and utility patents to ensure that the design is novel before applying.
Protecting a Utility or Design Patent
Once a patent owner receives the patent, he or she has a legal right to protect the use of the product. Patent owners may bring patent infringement lawsuits against individuals or companies who infringe on their designs. Another individual or business cannot make, use or copy, or import a patented design into the United States without permission from the design patent holder.
Patent owners must bring patent infringement lawsuits in U.S. federal district courts as they have exclusive subject matter jurisdiction over patent issues. Either party has a right to request a jury trial in patent cases. Patent law attorney recognizes the following two types of infringement:
Direct infringement: The accused defendant practiced every element of the patent holder’s patent claim. A party is liable for direct infringement if he or she uses, makes, offers to sell, or sells a patented design or invention within the United States.
Indirect infringement: The accused infringer did not practice every element of the patent but either contributed to another party’s direct infringement or induced another party to infringe the patent directly.
The[nap_names id="FIRM-NAME-1"] Patent Attorneys can Help
The patent filing process is complex and can be expensive. At[nap_names id="FIRM-NAME-1"], we help clients all over the United States to identify, secure, transact, and enforce utility patents and design patents. Contact our Chicago based patent law firm today to schedule your initial consultation.]]>