In today’s digital age, intellectual property is expanding and becoming more valuable.
From content creators to entertainers to entrepreneurs to innovators, people across the globe
create intellectual property every day, and from that, others are able to bounce off of it for their
own personal use. Thus, there has been an increasing need to protect this intellectual property
so that the person to whom it originally belongs receives as much credit and compensation as
they are due. A patent lawyer as well as an experienced Hartford, CT pedestrian accident lawyer can help you with questions about your specific patent idea or issue.
The most effective way to protect intellectual property is through patents, but what is a patent? This blog will inform you of everything you need to know about legally protecting
what is rightfully yours.
A patent is a legal right given to an inventor by the government. It is meant to establish
that the inventor has exclusive rights to their invention, including the rights to make, use, sell, or
license it for a period of time. The inventor must then reveal details about the invention and how
it works to seal the agreement. Patents are typically valid for 20 years, which is 20 years of
protection from competition for the inventor. They provide a significant period of time for an
inventor to release their creation to the public without the fear of it being stolen, misconstrued,
or competed against right off the bat.
There are several different types of patents, depending on what kind of intellectual
property an inventor is looking to protect. In the United States, the three main types of patents
are utility, design, and plant patents. Utility patents are for processes, machines, manufactures,
or compositions of matter, including improvements to ones that already exist. Given that this
covers a wide range of inventions, one would be looking to copyright, it is the most commonly
used. The second type is design patents, which protect the appearance or design of an item as
opposed to protecting its functionality. Artists and entertainers are most likely to use these kinds
of patents. Finally, plant patents are given to those who discover or invent a new, asexually
reproduced plant, which is most common among scientists, botanists, and agricultural
companies.
You may be thinking, so what? Why do patents really matter? The biggest reason that it’s important to get a patent to protect your property is for a competitive edge. When you’ve just
discovered or created something new, the last thing you want is for someone else to swoop in
and take credit for or profit off of your own personal hard work. With a patent, others are legally
incapable of stealing, copying, or profiting from your invention. Patents also have the power to
increase the value of your invention in the public eye, as it establishes credibility, showcases
innovation, and provides a strong portfolio for your business. Selling or licensing your patent is
also a viable option, which would stir up even more revenue and allow you to profit off of your
invention to the maximum extent possible.
The process to be granted a patent begins with researching your invention and deciding
whether or not it is deserving of one. Three criteria that the invention must meet are being new,
useful, and non-obvious. If your invention passes this initial threshold, the next step is research
and ensure that there is not already a patent in existence for the product. If there’s not, you can
then fill out a patent application, which is one of the most important steps because a poorly constructed application can result in a rejection. For this, you should seriously consider hiring a
patent attorney. The next step is to file the application with the USPTO and be in contact with an
examiner throughout the examination process, which could last for months or even years, until
you hear word that the patent has been granted or rejected.
Patents can be a make or break on how your invention impacts your business overall, so
it is important to seriously consider applying for one if you find yourself in the position of holding
unique intellectual property. Even further, it is crucial to search for the right guidance on drafting
your application so that you can get the most out of your invention.
If you have questions about patents or other legal issues, contact the experienced and versatile team at Brandy Austin Law Firm today.