Patent registration in Illinois. The Illinois Country was a vast region of New France claimed in the 1600s in what is now the Midwestern United States. Much of the Illinois Country region became an organized territory of the United States with the establishment of the Northwest Territory in 1787. In 1803, the old Illinois Country area west of the Mississippi was gained by the U.S. in the Louisiana Purchase. Since then, Illinois has thrived as a constituent state of the United States of America and is known for being one of the most populated states in the country, and also one of the most multifaceted states. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this area is to learn the procedure of patent registration in Illinois.
Conduct a patent search in Illinois
Before filing for a patent application, the applicant should conduct a patent search to eliminate future problems such as duplicate patents, lawsuits, and possible financial loss.
This can be done by the applicants themselves or with the help of professional law firms and legal experts.
After the search, the applicant can decide on a plan to continue to file for registration or other development strategies.
Patent in Illinois
In Illinois, as well as in the United States in general, a patent is temporary ownership of an invention given by the Government to the patentee. During the patent’s term, the patentee will have the right to exclude third-party actions related to the protected subject such as manufacture, commercialization, use, and others.
To protect an invention through patenting means to prevent its unauthorized exploitation by competitors who were not involved in nor bore the invention’s research and development costs.
To be patentable in this area, an invention must meet the requirements of novelty, inventiveness, and industrial applicability.
An invention can also be an improvement on existing items or methods.
Accordingly, there are many other subjects that are not patentable in Illinois, such as:
- Discoveries as well as laws of nature and mathematical methods;
- Aesthetic designs;
- Systems, rules, and methods for the performance of mental labor, games or management as well as computer programs;
- Presentation of data and abstract ideas.
Necessary documents for patent registration in Illinois
The necessary documents for patent registration in Illinois include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
Assistance provided by the USPTO to the patent registration process in Illinois
When conducting patent registration in Illinois, the applicant may consult the following programs for assistance:
Patent Pro Bono Program
Illinois inventors are served by the Chicago-Kent Patent Hub, part of the USPTO’s nationwide pro bono program that matches inventors who qualify (based on income) with volunteer attorneys and patent professionals that will help the applicants to file their patent applications.
Law school clinics
Illinois inventors and entrepreneurs can obtain free legal help for both patent and trademark matters by contacting the following address:
- Northwestern Pritzker School of Law (trademarks, with preference to Chicago): elc@law.northwestern.edu
- Saint Louis University School of Law (trademarks): LegalClinics@slu.edu
- UIC Law School (patents, with preference to Illinois): law-patentclinic@uic.edu (trademarks): law-tmclinicinfo@uic.edu
- Washington University in St. Louis School of Law (patents): EIPAssistance@wulaw.wustl.edu.
In addition to the law school clinics listed above, there are 19 other law school clinics that provide free patent and trademark services to all residents of the United States regardless of location.
You can see a list of Illinois IP firms here.