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If you a create a product or any type of invention, you need to make sure you have adequate legal protections in place. Even in the early stages of bringing your idea to fruition, you must start the patent process to avoid costly mistakes down the line.
If you are unsure what type of patent to register your invention as, an experienced patent attorney with a wide range of experience in this area can help. Lomnitzer Law could conduct the research to determine whether your invention is novel, identify what patent protections may be available, and guide you through the official application and examination process.
A patent provides the owner the sole rights to an invention. The owner and the inventor of the patent may be one and the same, but this is not always the case. Sometimes, the owner of the patent is a company for whom the inventor works, and the company owns the exclusive patent rights. Multiple privileges exist for patent owners.
The patent owner can file patent applications, handle actions related to pending applications, and enforce a patent that has already been issued if another individual or entity engages in infringement. Upon successful patent application and registration, the patent owner can prevent others from using or selling the underlying design or invention.
The patent owner also has the exclusive rights to transfer patent ownership to someone else in the future. Patents can be obtained and registered for all types of inventions, including consumer products, software applications, medical devices, and automotive products, to name just a few examples.
There are several types of patents, and an inventor may apply for one or multiple patents related to a work product. Utility patents can involve new or useful inventions that promote a novel way of doing something, a novel piece of equipment or machinery, or a new composition of matter.
A provision patent permits an inventor to notify the U.S. Patent and Trademark Office (USPTO) that they have an invention and are working on making it operational. However, the inventor has to submit a utility patent within 12 months of filing the provisional one. The benefit of a provisional patent is that it provides more time for an inventor to refine their work while still ensuring legal protections are in place.
A plant patent allows individuals to protect the rights to a new plant variety. These patents can apply to plants that reproduce asexually and are not already growing naturally. With a plant patent, the breeder can prevent anyone else from cultivating or selling the plant for commercial purposes without their expressed permission.
Finally, when considering what type of patent to register an invention as, another option is a design patent. If someone creates an ornamental design for an existing product, but the design does not impede the use of the original product, a design patent may be the best option. Design patents could apply to ornamental designs for everything from vehicles to shoes.
Obtaining one or more patents for your invention can be a profoundly complex process. Missing a single step in the application process can cause undue legal hurdles, which is why you should have staunch legal representation from the start of your case.
An intellectual property attorney may advise on what type of patent you should register your invention as, while evaluating both existing and expired patents that could affect your application. Moreover, an attorney could navigate any disputes or infringement claims on your behalf while working tirelessly to assert and secure your patent rights.
Contact Lomnitzer Law today for more information about protecting your intellectual property and what legal action is required.
