Patent Law

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We write strategy-driven patents for disruptive companies. Since its founding, Stake’s patent practice has formed the core of our services, extending across the United States and to over 60 countries worldwide.

Patent Services

Technologies

What exactly is a patent?

Like the other intellectual property rights, a patent is a “right”—that is, its holder can exclude others from doing what’s protected by the right.

What rights does a patent grant?

A granted patent gives its holder the following exclusive rights:

What is eligible for a patent?

Patent eligibility is determined by a combination of statute and case law. Most tangible things and processes are eligible. An invention must also be novel, not obvious, and the patent application’s disclosure must meet the statutory requirements. Examples of things eligible for patenting include:

Eligible

Not Eligible

How long does a patent last?

Utility patents are effective from the date of grant until 20 years from the filing date of the earliest parent U.S. non-provisional patent application in the patent family, with applicable term adjustments. Design patents are effective from the date of grant until 15 years from the date of grant.

Maintenance fees are required at 3.5, 7.5, and 11.5 years from the grant date of a utility patent. Design patents do not require maintenance fees.

Are there exceptions to patent protection?

There is no “fair use” doctrine in patent law like that of copyright law. However, there are a variety of defenses that can be asserted against a claim of infringement, including non-infringement, invalidity, first sale, shop rights and other implied licenses, patent misuse, inequitable conduct, laches, and others.

What is the difference between a patent and a trademark, copyright, or trade secret?

Patents and trade secrets generally protect what something is or how it works, whereas copyrights protect a fixed creative expression and trademarks protect aspects of brands.

Why get a patent?

Patent rights do not exist unless a patent is granted by the government. A patent provides the following:

Right to exclude others from making, using, selling, offering for sale, or importing the invention.
Legal presumption of patent validity.
The ability to mark and market a product as "patented."
The ability to bring action in federal court.
The ability to submit to the U.S. Customs Service to prevent importation of infringing goods.

Who owns a patent?

Initially, ownership of a patent vests in the inventors of the patent, who all individually have the rights granted by the patent (for instance, each could grant a license to the patented invention). This there is no work made for hire doctrine like that of copyright law. Ownership of a patent or patent application is transferred through an assignment or in the very rare case an inventor was hired to invent the invention.