Within business, one’s ideas can be very profitable. With that being said, it is important to understand the differences between different types of protections one has available to them from a claim of intellectual property, trademarks, and more specifically, what constitutes the ability to patent something. An understanding of such information is crucial in ensuring that protection is applied to your ideas and inventions with your business as an Arlington, TX business litigation attorney who has been rated by Super Lawyers knows well.
Intellectual Property is the subject matter within law that looks to protect persons and businesses ability to earn financial compensation for their creations. Things such as trademarks, copyrights, and patents all fall within the scope of intellectual property. The purpose of intellectual property is to foster an environment in which creativity and innovation can thrive.
Within the field of intellectual property, patents make up a large portion of the protection they imply. Now, you may be asking: what exactly is a patent? Patents imply protection upon new innovations that work to solve, or find a new way of doing something to deal with a technical problem. While the patent system seems rudimentary, it is important to understand the instance in which you can receive one for your invention. Here are the following steps to receive a patent:
– First, it is important to ask yourself if your invention is patentable. While this may seem like an obvious question, it is important to understand if your idea has already been patented, and if so you are out of luck. In this analysis it is important to understand that inventions should be novel, non-obvious, and useful to be ultimately eligible for a patent. After determining your invention to fall within the scope of a patentable invention, it is time to begin a patent search. Look to the USPTO database to ensure your invention has not already been patented.
– After ensuring that your invention is not already patented, you must then determine what type of patent to apply for. Within the United States, there are three main types of patents. 1. Utility Patents – Utility patents cover inventions that are new and useful processes, machines, or compositions of matter. These are the most common type of patent, and they can be further divided into the subfields of mechanical, electrical, and chemical. An example of an item with a utility patent is a new type of coffee maker that makes coffee more efficiently.
2. Design Patents – Design patents protect new, original, and ornamental designs for manufactured articles. When one violates a design patent, the owner must show an ordinary observer would likely confuse the infringing product with the patented product. These patents last 15 years from the date the patent was created. Examples of design patents include jewelry, furniture, beverage containers, and computer icons.
3. Plant Patents – A plant patent gives an inventor the right to stop others from reproducing, selling, or using a new plant variety in the United States. The patent lasts for 20 years from the filing date. To patent a plant, it must be asexually reproduced, distinct,
non-obvious, and its characteristics must be thoroughly described.
– After determining the type of patent you will need for your invention, you then need to prepare and submit a patent application. While you may be able to apply for a patent on your own, it is good practice to consult a patent attorney. Within this process, you will work with a patent examiner. It is important to respond to any communication they have with you to ensure you are up to date with the steps and requirements of obtaining the specified patent.
– After your patent has been approved, you’ll need to pay an issue fee before a patent is granted. The issue fee covers the administrative costs associated with preparing and issuing the patent grant. The amount of the issue fee depends on factors such as the type of patent and the number of claims. Failure to pay the issue fee within the specified deadline will result in the abandonment of your patent application, and you will lose the opportunity to obtain a patent for your invention.
Applying for a patent is complex and often expensive, so within the process it is important to examine whether commercializing the product is a better option. In doing so, you will be able to make the best informed decision for your product, and yourself. Contact a lawyer at the Brandy Austin Law Firm who received a 10.0 rating from Avvo for help today.
