To Get an Invention Patent or Conduct a US Patent Search, Contact NJ Patent Attorney Richard Gearhart

The Patent Process

an explanation by a patent attorney

New Jersey patent attorney Richard Gearhart is an expert in the entire patent process. With 15 years of extensive experience in all aspects of patent law, he’s able to explain the patent process in plain English.

Call and speak with NJ patent attorney Richard Gearhart about your situation.

If you need to get an invention patent for your idea, contact Gearhart

How do you get an invention patent? Start with a global or US patent search.

There are three main parts to patenting an invention.

First, a global or US patent search is conducted to make sure your invention is original.
Second, the patent must be drafted and filed with the patent office.
The final step is to prosecute the patent.

There are many databases, including the US Patent and Trademark Office (USPTO) website which list published patents. Searching the USPTO site for patents on inventions similar to yours (prior art) is the first step. In order to get an invention patent, your invention must be unique enough to be allowed by the patent office. An examiner at the patent office looks at all the prior art when determining whether to allow your patent. Experienced patent attorneys will make a judgment on what they think the USPTO will allow when evaluating your patent application. The patent attorney will then write your application in a way to maximize your chance of success and, after your review, will file it with the USPTO.

The next step in getting an invention patent is prosecution. The USPTO does not grant a patent just because the paperwork has been filed; the patent attorney must argue the points of the patent with the patent examiner and convince him or her that the invention meets all of the USPTO requirements. Your chances of success in this step are increased if you use an experienced patent attorney who has dealt with the USPTO on patent inventions and is familiar with their requirements.

Need to get an invention patent or conduct a US patent search? Call Gearhart Law today.

Patent Protection is Important

What happens if someone infringes on another person’s patent? The inventor who holds the patent can sue in court for damages. If a judge finds that patent infringement has occurred, the court may rule that the infringing party discontinue production and sales of the product. The court may also award damages to the person whose patent was infringed. Often the cases are settled by the patent attorneys without going to trial and the infringing party pays the other a royalty for the use of the technology.

If you are accused of infringement, or if you find someone infringing your patent, a patent attorney can help you decide how to proceed.

An Illustrative Example ...

Gearhart Law has the experience you need in a patent attorney, conveniently located in Chatham, NJ. A patent is only valuable if it is enforceable and can withstand the rigors of litigation. Likewise, the patent professional you choose for your patent needs should have an understanding of what can happen to your patent if it ends up in court. There is no substitute for an understanding of how your patent will be challenged by an alleged infringer.

At Gearhart Law, we have many years of litigation management experience, and have learned first hand how your competitors will seek to avoid or invalidate your patent in court. This experience is invaluable in helping you to achieve the best possible protection for your invention.

For example, in the case of Wesley Jessen v. Bausch & Lomb, Richard Gearhart, Esq. was involved in every aspect of the case, including discovery, motions, trial, and appeals, and with the help of other attorneys obtained an injunction preventing Bausch & Lomb from selling it’s product for the life of the patent.

Vonage issued a statement complaining that "several media reports have inaccurately speculated on the outcome" of the patent-infringement lawsuit filed by Verizon Communications.
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GlaxoSmithKline, the world's second-biggest drug maker, agreed to pay Watson Pharmaceuticals Inc. $35 million plus royalties to resolve a patentinfringement lawsuit over the antidepressant Wellbutrin XL.
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The U.S. District Court of Massachusetts has ruled in favor of Genlyte Thomas Group LLC, a subsidiary of The Genlyte Group Inc., in a patent infringement suit against Arch Lighting Group Inc. and its Arch Lighting Systems division.
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Gearhart Law, LLC
Richard Gearhart, Esq.
4 Ferndale Road, Chatham, New Jersey 07928

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