Patent Attorney
3263 Caminito Eastbluff, Suite 198
La Jolla, California 92037
Phone: (858) 812-0820
Email: info@mdepatents.com
Patents
A
patent for an invention is the grant of an exclusive right to prevent
others from doing what's specified in the claims of the
patent. A
patent is issued by the United States Patent and Trademark Office.
Generally, the term of a new patent is 20 years from the date on which
the application for the patent was filed in the United States or, in
special cases, from the date an earlier related application was filed,
subject to the payment of maintenance fees. U.S. patent grants are
effective only within the United States, U.S. territories, and U.S.
possessions.
The right conferred by the patent grant
is, quoting the patent statute,
“the right to exclude others from making, using, offering for
sale, or selling” the invention in the United States or
“importing” the invention into the United States.
What is granted is not the right to make, use, offer for sale, sell or
import, but the right to exclude others from making, using, offering
for sale, selling or importing the invention. Once a patent is issued,
the patentee may enforce the patent through the use of a civil patent
infringement lawsuit.
There are three types of patents:
1) Utility patents may
be granted to anyone who invents or discovers any new and useful
process, machine, article of manufacture, or composition of matter, or
any new and useful improvement thereof;
2) Design patents may
be granted to anyone who invents a new, original, and ornamental design
for an article of manufacture; and
3) Plant patents may be
granted to anyone who invents or discovers and asexually reproduces any
distinct and new variety of plant.
Although
the US Patent &
Trademark Office offers inventors the option to file a provisional
patent application, there is no such thing as a provisional patent.
A provisional patent application is merely a placeholder, or
a
device to lock in an inventor's filing date. This applicaiton
is
never examined! Nonetheless, there are situations where a
provisional application is the best option. A nonprovisional
patent application or PCT application must be filed within 1 year of
the provisional application filing date or the applicaiton becomes
abandoned.
Mr. Eisenberg is a U.S. Patent & Trademark Office licensed patent attorney and specialist in intellectual property law. He represents clients with industries in the mechanical and electrical arts, including medical device, software, business methods and e-commerce.
Mr. Eisenberg holds a law degree from the UCLA School of Law, a Master of Science in Biomedical Physics from the UCLA School of Medicine and a Bachelor of Science in Physics from UCLA. While pursuing his graduate and professional studies, Mr. Eisenberg was a section instructor at UCLA for undergraduate courses in the physics department. In graduate school, his concentration included work with medical radiation devices such as medical accelerators and medical imaging and studies in radiation biology.
Following completion of his legal education, Mr. Eisenberg was an associate in an intellectual property specialty law firm and, more recently, at a 500-plus attorney international law firm.
Michael Eisenberg is registered to practice patent cases in all 50 states and territories in the United States and is a member of the State Bar of California.