Protecting either your personal or your business’s intellectual property rights is essential to carving out a space in the marketplace. This is especially true when you have come up with a new invention or process that stands to retain significant value. Receiving a patent on these designs means that you have the sole legal authority to produce an item or license out the right for others to do so.
A Boca Raton patent lawyer could help you evaluate your rights as an inventor, determine if there may be a patent available, and guide you through the process of filing that patent and protecting your intellectual property.
The United States Patent and Trademark Office (USPTO) has the sole legal authority to issue patents nationwide. However, this agency will never act on its own accord to grant patent rights. Instead, according to 35 United States Code § 101, the inventors of any machine, manufacturing process, or unique composition of matter must first apply for a patent. Obtaining a patent grants the inventor the ability to exclude others from making, using, or distributing the patented material or process for a time period of 20 years.
The next logical step is to determine whether seeking patent protection is necessary. In most cases, the answer is yes. Anytime that a person or company invents a new process or item that has commercial value, that invention is worth protecting. Even if there are no specific plans for production, staking one’s claim to the invention has intrinsic value. A Boca Raton patent attorney could provide more information about patents and how they provide legal protection to inventors.
Once a party determines that their invention requires patent protection, they must initiate the filing process with the USPTO. This requires an examination of whether the invention itself is patentable. On the surface, an application for a patent must describe a new way to make an item or chemical composition. The process must be sufficiently novel and non-obvious. A Boca Raton patent lawyer could provide proper guidance on how to address this important concept.
The next step is to perform a patent search to determine if any other person or organization has already sought patent protection for the item in question. If the subject of the patent appears to be unique, they are clear to file a formal application with the USPTO. There are three different types of patents, each with specific protections:
It is advised that patent-seekers create a prototype of their invention, which also assures that it works as expected.
There is no specific form that a party must submit to the USPTO when seeking patent protection. However, successful applications must contain a description of the proposed patent subject, an oath or affirmation from the party seeking a patent, and the relevant fees. The preferred way to accomplish this is to submit an online application but traditional mail remains a viable option. Lomnitzer Law could take the lead in crafting and submitting the necessary paperwork to secure patent protection. The usual procedure is to begin with a provisional patent and ultimately conclude with an exclusive patent.
Formulating a new invention, manufacturing process, or chemical composition can be an exciting time for you and your business. However, you must protect that asset through the acquisition of a patent. A patent prevents other parties from duplicating your invention for a period of 20 years and allows you to seek monetary compensation if an infringement occurs.
A Boca Raton patent lawyer could help you to register a patent from the USPTO. This includes identifying your need for a patent, performing the necessary searches, drafting the formal patent application, and submitting the relevant documentation on your behalf. In particular, the race to obtain patent protection in an emerging field is intense. Contact our specialized attorneys immediately to discuss your next steps.