A United States patent is a property right granted by the U.S. government that allows the patent owner to exclude others from making, using, offering for sale, selling or importing the claimed invention throughout the U.S. and its territories during the life of the patent. It is important to understand that a patent grants a right to exclude others from practicing the art claimed in the patent; however, this right to exclude is granted in exchange for public disclosure of the invention.

Only the inventor can apply for a patent from the United States government and only the inventor or the inventor's registered patent attorney or agent may prosecute a patent application before the United States Patent and Trademark Office.

The right to obtain a patent is rooted in Article 1, Section 8 of the United States Constitution: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Under U.S. patent law, whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the Patent Act.

With respect to Utility Patents, the most common and protective form of patents this firm encounters, the inventor must be able to satisfy a three (3) prong test in order to obtain a patent on its invention: (1) Does the invention have a utility?; (2) Is the claimed invention novel?; and (3) Is the claimed invention non-obvious based on known prior art?

The KIRSCH LAW FIRM can assist you with your patent-related legal needs on both the prosecution and litigation fronts. The law firm's experience includes the prosecution of patent applications in the mechanical, electrical, computer related arts. In the event your invention falls outside the firm's comfort zone, The KIRSCH LAW FIRM has strategic alliances with patent attorneys that can assist you.

It is the goal of the KIRSCH LAW FIRM that each patent applicant has the highest likelihood of obtaining a patent on their invention and we will associate with outside counsel to increase the chances of reaching this goal if the best interests of our clients require us doing so.

Contact the KIRSCH LAW FIRM today for a patent law consultation.