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File For Internet Patents Online

Author: Darin Klemchuk
by Darin Klemchuk
Posted: Oct 04, 2013

Years ago in a series of decisions by federal courts, business method patents were upheld as legal and protectable patents. This resulted in an explosion of internet patent applications being filed. They are a favorite kind of patent for patent trolls, non-practicing entities (NPEs), and other plaintiffs partly because a large number of businesses can be accused of infringing them due to widespread use of the internet and ecommerce. Internet patents can also generate significant damages. Often, damages are sought based on what’s called a “reasonable royalty.”

If sued, it is important for a company to mount an effective patent infringement defense. The U.S. District Courts for the Eastern District of Texas and Northern District of Texas are common courts in which these patent lawsuits are filed. A company should retain an experienced patent trial lawyer to defend against these cases.

There are various processes that need to be followed to get Internet Patents. First, a patent application needs to be filed with the U.S. Patent and Trademark Office (PTO). An applicant can either file a provisional or non-provisional patent application. Before filing the application, a prospective patentee should make the strategic decision of whether to perform a patentability search before preparing and filing the application. There are pros and cons to a patentability search, so consultation with a patent attorney is a good investment at this step. After the application is filed, the applicant and the patent attorney will prosecute the application until obtaining an examiner’s allowance. If a provisional patent application is filed, a non-provisional application must be filed timely. Finally, the applicant must pay a fee before the patent is issued.

If you looking for an attorney who focuses on Internet Patents, then you can start a search using the topic and by specifying the name of your area. It is generally advised to hire local practitioners as they are easier to access and have more information for that particular area. When looking for a lawyer who practices in and around Texas then you can look for a Texas lawyer or be more specific by searching for Texas Patent Lawsuits. This will help you get the information related to the topics, and you can get references for the attorneys for them.

While patent trial lawyers should be familiar with patents and the patent system, they are not required to be licensed by the patent bar. However, a lawyer prosecuting patent applications with the U.S. Patent and Trademark Office (PTO) must be licensed. Patent agents, also licensed by the PTO, can assist with the preparation and filing of Internet patent applications. They are another option for inventors seeking patent protection.

There are a lot of options in selecting a lawyer to help with Internet Patents. You should not have a problem finding them by searching the internet and reviewing their website. Before retaining an attorney, it is a good idea to screen them and possibly meeting them face to face in an initial consultation to ensure there is a fit.

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Author: Darin Klemchuk

Darin Klemchuk

Member since: Sep 17, 2013
Published articles: 1

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