Missouri Patents Legal Questions

An invention is the concept of a new, useful and non-obvious article of manufacture, apparatus (machine or system), composition of matter, or process.  An invention is ready for patenting when it has been "reduced to practice". There are two ways to reduce an invention to practice. The first is "actual reduction to practice", which occurs when a working prototype has been made and can be used for the purpose for which the invention is intended. The second way to reduce an invention to practice is "constructive reduction to practice."  This occurs when an inventor has worked out enough details conceptually so that they can describe in detail, to a person of ordinary skill in the art to which the invention pertains, how to make and use the invention. If your invention is ready for patenting, I advise you to consult with a registered patent practitioner (either a patent attorney or a patent agent).  Only registered patent practitioners may represent clients in patent matters before the U.S. Patent Office.  A registration to practice patent law is a nationwide license, so you do not need to be limited to consulting with attorneys in your jurisdiction.  Many of us offer an initial consultaiton at no charge.  You can check around online for a registered practitioner offering such consultations, or you can  check with the Patent Office at https://www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/finding-patent-practitioner. Anthony Claiborne Registered Patent Attorney 425-533-6132... Read More

We don't have anyone local to KC, so the best I could offer is a free phone call.   When we prepare design applications, we typically have seven drawings made (six sides of the object like six sides of the cube, then one perspective figure). The design application is normally relatively simple to draft. I would budget for something around $2,000. Good luck, Todd... Read More

First of all, patents cannot be renewed and the subject matter of an expired patent cannot be "re-patented". The term of most patents is 20 years from the filing date, but there are various factors that can change that. If you have a particular patent that you are concerned about, you shoudl consult a patent attorney who can determin if the patent is still in effect, and if it is, can determine when it will expire. However, given that the patent you mention was filed in 1988, it is very highly likely that it has expired, in which case you would be free to manufacture the lure that was covered by the patent. As for the trademark, if it has been abandoned, you would be able to register it in your name.... Read More