As an inventor or scientist, you dedicate your life to exploring new and improved methods that can benefit the world. Protecting your creation often begins with obtaining a patent from the United States Patent and Trademark Office (USPTO). However, the patent process can be complex, and inventors often benefit from legal representation to limit the potential for mistakes when filing an application. A knowledgeable patent attorney could also manage claims of infringement involving your creation through resolution in court or a settlement. Learn more about the patent process below and contact our Boca Raton utility patent lawyers to start protecting your work today.
A patent is a certificate that establishes an individual or group as the creator of an invention and gives the owner right to prevent others from making, selling, or importing it without permission. A creator will need either a utility patent or a design patent, depending on the nature of the invention. A utility patent lawyer can help someone in Boca Raton with applications for inventions that involve the new or improved creation of a useful process, machine, article of manufacture, or composition of matter.
In comparison, a design patent is for inventors with a new, original, and ornamental design of an article for manufacture. A plant patent may also be necessary if the creation involves the invention or discovery of a distinct and new plant variety. Some cases may be eligible or benefit from the filing of both a design and utility patent, depending on the nature of the invention.
Inventors have two options for filing a utility patent with the USPTO. They can file a provisional application, which is beneficial for establishing an early filing date in the U.S. and priority in other first-to-file countries. The provisional patent application process is less formal because it only requires a cover sheet and description of the invention. However, the inventor must file a non-provisional utility patent application within one year from the provisional filing date to avoid abandonment of the claim. Subsequent non-provisional filings may also be useful if the invention itself changes during the one-year provisional period.
The filing of a non-provisional utility patent application starts a more thorough review process with a USPTO examiner. The application has strict formatting and submission requirements that must be met to avoid rejection. They include the following elements:
Supplemental items may also be necessary depending on the type of invention, which may include drawings, nucleotide and amino acid sequence listing, or large tables and computer listings. A Boca Raton lawyer can help you decide which utility patent application route makes the most sense, based on the stage of inventive process, business goals, and competition.
Aside from the technicalities of the filing process, the biggest challenge for a utility patent applicant is researching pre-existing patents. This preliminary research phase is essential for identifying any patents that could jeopardize the success of an application. A Boca Raton utility patent attorney could assist by searching relevant Cooperative Patent Classifications and other databases for material patents. Additionally, an attorney can provide support if an examiner requires further information or amendment to the application.
Take the first step in protecting the use of your invention by scheduling a consultation with a Boca Raton utility patent lawyer today. Alternatively, if you have existing patent but have concerns about a potential infringement, our trusted IP attorneys can assist in defending your rights in a claim to seek an injunction and recover entitled damages. Contact Lomnitzer Law today to schedule your free consultation with a Boca Raton utility patent lawyer.
