Patents are essentially a government grant of the right to exclude others from practicing the invention claimed in a particular patent. There are three types of patents: utility patents, plant patents, and design patents. Utility and design patents are the most frequently encountered.
Utility patents are issued for a new and useful process, machine, manufacture, or composition of matter. A patent includes one or more "claims" particularly pointing out and distinctly claiming the subject matter of the particular invention. A patent is infringed when all the elements of one or more "claims" of the patent can be found in the alleged infringement. Validity of a patent is presumed, but can be attacked in court.
Design patents are issued for any new, original, and ornamental design for an article of manufacture. A design patent does not protect solely functional aspects of a design. It is a picture patent so the drawing in the patent defines what the patent encompasses. Infringement occurs when this drawing is compared with the alleged infringing design and, if in the eye of the ordinary observer, there is a deception or confusion.
Patents are strictly a creature of federal law, although state law may affect ownership. Patent litigation involves a vast array of factors and legal criteria. Infringement claims are often extremely expensive and depend in great part on the character of evidence developed. Multiple appeals are not uncommon.
The Wilson Firm has served as trial and local counsel in a variety of patent litigation actions. Further, attorneys with the Firm have provided advice and counseling concerning the enforceability of patent rights.
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