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Patent Law

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Imagine coming up with what you believe is a clever and original idea for a product or product improvement, designing the product, creating it, and coming to learn that you cant use it because someone else got there first. It happens.

A Rochester based excavating and demolition company, through the creativity of its owner conceived of an improvement to its trailers used in bridge demolition. Instead of placing a standard trailer under a bridge overpass to catch and ultimately haul debris from highway overpasses being demolished, the created over designed “wings” for the trailers that were hinged and mechanically raised to catch more debris and channel it into the trailer. Unfortunately, the company owner did not know that another company had secured a patent on such a device and process years ago. The company was sued. Mr. Smith defended the case, which ultimately settled to the satisfaction of the parties involved.

A patent is an exclusive right, title or authority to make, use, license or sell an invention for a set or limited period of time. In short, patent laws and the rights flowing from them protect the inventors of new products or processes from those who would infringe on the exclusive right to use or market the product or process. Infringement generally is to use or employ a competing product or process. The idea behind patent law is to encourage innovation, invention and technological improvement by protecting the inventor from competition for a set of time period after which others may compete.

As demonstrated by the example above, Smith Law Firm PLLC has the experience to handle disputes involving patents.

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For more information regarding patent law contact the Smith Law Firm PLLC at (585)-685-7000.

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