Find Lawyers in Louisiana, United States for Patent Law
Practice Area Overview
A patent is a contract between an inventor and the government. The inventor provides a complete description of the invention to the public in an application for patent. This benefits the public by providing knowledge of the invention for use as a foundation for additional innovation. In return, if the invention is new (as compared to everything known to the public prior to the invention), a patent is issued. This patent gives the inventor a right to exclude others from making, using, offering for sale, or selling the patented invention throughout the United States, and from importing the invention into the United States, for the life of the patent, usually 20 years from filing.
Grant of a patent does NOT itself give an inventor a right to exploit the patented invention – it only gives the inventor a right to exclude others from practicing the invention. For example, if an inventor makes an improvement to a previously patented machine, and gets a patent, the inventor can prevent the owner of the original patent from using the improvement. However, the inventor may not be able to exploit the improvement itself, at least until the original patent expires, because such exploitation might infringe that original patent.
Title 35 of the United States Code (the “Patent Statutes”) set forth the standards and procedures for obtaining patents. Patents are granted by the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce.
The following items are patentable under these statutes:
- Processes: new methods of doing something
- Machines: engines, machinery, instruments, gadgets, etc.
- Articles of manufacture: circuits, tools, structures made of metal, plastics, ceramics, etc.
- Compositions of matter: new pharmaceuticals, chemical compounds, naturally occurring substances when substantially purified, DNA sequences, biological materials, e.g. bacteria, viruses, proteins and protein fragments, monoclonal antibodies, epitopes, and vectors.
- Improvements in any of the above
- Living organisms: genetically altered plants and animals.
- Computer programs: alone and in conjunction with other equipment.
- Business methods: methods for doing business, but not those solely directed to patenting abstract ideas.
- Designs: ornamental aspects of articles of manufacture.
- Non-patentable items include: nebulous concepts or ideas, laws of nature (e.g., gravity), mathematical algorithms alone (but computer-implemented mathematical algorithms producing a concrete, useful, and tangible result are patentable subject matter), and purely mental processes.
A key element to effective patent protection is writing patent claims that define the invention as broadly as possible, but without overlapping prior art that could make the patent invalid. This is generally best done by someone with skill and experience in patent practice, so consulting with a patent attorney is a wise choice.
Through Warner's representation of both large and small companies, he has written and prosecuted numerous patent applications across a wide range of technologies, including medical and biomechanical devices, cancer diagnostic methods, sporting goods, firearms, watercraft, computer networking, wastewater treatment, recycling processes, metal cleaning and coating, electromechanical control systems, oil and gas extraction, coastal erosion mitigation systems, and manufacturing equipment. Warner h...
Lesli D. Harris focuses her practice primarily on intellectual property, sports and entertainment law, and emerging companies. She has also successfully handled class action defense and general business litigation. Prior to joining the firm, Ms. Harris was a partner at Stone Pigman Walther Wittman in New Orleans, Louisiana, and was formerly Chief of Staff and Executive Counsel to the President at Loyola University. Ms. Harris received her LL.M in Trade Regulation, with a concentration in Inte...
R. Andrew "Drew" Patty II is a partner with Phelps Dunbar, LLP in the firm's Intellectual Property and Cybersecurity Groups. He has extensive experience in a broad range of transactional intellectual property matters and related litigation. He also has a growing cybersecurity and data privacy practice. His chemical patent experience includes patent preparation and prosecution in the fields of oilfield proppants and other downhole chemicals, refinery catalysts, organometallic chemistry, microb...
Bryan Reuter concentrates his practice in complex commercial and intellectual-property litigation, including their appeals. Mr. Reuter received his undergraduate degree, a Bachelor’s of Science in Mechanical Engineering, from Tulane University, where he earned the Leon Scherck Award for the highest cumulative average in the School of Engineering. After graduation he undertook various positions with Shell Oil and Shell Chemical Companies, including Operations Manager, for several petroch...
Ashley Gable works with oil and gas companies in most phases of the energy and oil and gas industry, including title work, litigation of landowner and royalty owner demands, pipeline right-of-way expropriation, matters involving mineral leases and other related contracts, disputes between operators and non-operators, and suits concerning environmental damage to property. Ashley additionally handles general commercial litigation matters, including breach of contract cases, business disputes, a...
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