Practicing in the area of intellectual property law for over 40 years
Although not required, it is recommended that a prior art, or patentability, search be conducted to ascertain whether patent protection is available (the search is a screening process the results thereof not in itself being a final determination of patentability). The results of the search will be reviewed and the client advised whether patent protection may be available.
An individual or business entity may have proprietary rights which it desires to protect against use by a third party. State and Federal case law recognizes four areas of protectionMore