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1. How are patent rights enforced?

In most systems, courts of law have the authority to stop patent infringement. Patent rights are enforced in courts when patent owners go to them for relief. The main responsibility for monitoring, identifying, and taking action against infringers of a patent lies with the patent owner. Check out (Patent Litigation) link.

  1. What conditions must be met to obtain patent protection?

Numerous conditions must be met in order to obtain a patent.  Some of the key elements include the following:

  • The invention must show an element of originality; meaning that there should some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called “prior art”.
  • The invention must involve an “inventive step” or be “non-obvious”,i.e., the patent subject matter as a whole cannot have been obvious to a person having ordinary skill in the art in the relevant technical field, at the time the invention was made.
  • The invention must be actually operable and be capable of being used for an industrial or business purpose,i.e., cannot be just theoretical.
  • The subject matter must be accepted as “patentable” under law. In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) or computer programs are generally not patentable.
  •         The invention must be disclosed in an application in a manner that is sufficiently clear and complete to allow it to be replicated by a person with an ordinary level of skill in the relevant technical field.


  1. What happens if I don’t patent my inventions?

Simply put, if you don’t patent your inventions, others, including competitors, will be tempted to make use of your inventions and may actually use them without asking for your permission. To find out more contact us.  


  1. Why should I consider patenting my inventions?
  • Patents can grant you to right to exclude others from using and commercially exploiting your inventions for a time period that begins on the date the patent is granted or “issued” and usually ends twenty (20) years from the date the patent application was filed.
  • By obtaining exclusive patent rights, you may be better able to establish yourself in the relevant marketplace as and obtain higher returns on the time and money spent developing your inventions.
  • If you choose not to exploit any granted patents yourself, you can also sell it or license the patent to another person or entity, which would create a source of income for you or your company.
  • If your company acquires the right to use another’s patents through a licensing contract, your own patent portfolio will enhance your bargaining power.
  • Business partners, investors and shareholders will likely view your granted patents as providing increased value to your company and may perceive them as a demonstration of expertise, specialization, and/or technological capacity within your company.


  1. How do we contact Weiss & Moy, P.C. Attorneys at Law?
    Call us at 888-689-1862 or email us at info@weissiplaw.com.  We have offices in Scottsdale, Arizona, Grand Rapids, Michigan, Las Vegas, Nevada, and Boca Raton, Florid. Weiss and Moy publishes information daily (see our Blog) (weissiplaw.com).