You may have an idea or an invention that you have thought of and/or created. The question is whether or not you should get a patent to protect it. First understand that a patent gives you a legal right to exclude anyone else from making, using or selling your creation. In the
United States, it is the United States Patent and Trademark Office (PTO) branch of the federal government that grants patents.
If you decide you want to apply for a patent you must meet the following three legal criteria:
1. Your creation should not be identical to any other existing creation.
2. Your creation must be different enough to be distinguishable from any other existing creation.
3. Your creation must be useful.
Only an inventor can apply for a patent. Two or more people can apply for the patent, even if they did not put in the equal amount of work to produce the creation. The term of a patent is 20 years from the filing date of the patent. Applying for and then protecting a patent can be complicated. Your first step should be to consult with a patent litigation attorney. They will assist you on finding out if your creation is similar to any other patented creation already in existence and will help you litigate if your patent is being violated. Contact Williams Kherkher by calling (866) 950-9000 to schedule a free initial consultation.
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