You are almost certain that your invention will be a boon to those who use it, it is unique, and you have invested countless hours in developing it. Now what do you do? You may be excited enough to rush into production and market your invention, but take a breath and consider why you need to patent it early in the journey.
A patent protects inventions from copycats who wish to profit by your creative efforts. Applying for one is more complicated than filling out a form, but you need not worry because our trained intellectual property attorneys are highly competent at shepherding patents through the federal system overseen by the United States Patent and Trademark Office (USPTO). For proper guidance protecting your invention, contact a Delray Beach patent lawyer now.
Patents are categorized as utility, design, and plant. The USPTO also recognizes software patents to protect computer functions.
Utility patents are used to safeguard how an invention or process functions Inventions can be protected by a patent but also by other intellectual property, such as a trademark to brand the product in consumers’ minds. For example, powdered gelatin was patented in 1845. The patent was transferred, flavors and sugar were added, and it was later trademarked as Jell-O.
If an inventor releases a unique invention into the marketplace before acquiring a patent, they must apply for one within a year or be foreclosed from doing so, although the USPTO could give the inventor 12 additional months to file a regular patent application by granting a provisional patent. Provisional patented inventions are generally marked patent pending.
Design patents protect how an invention appears, but the product (or process) must be unique and valuable to consumers. A unique oil painting cannot be patented because it does not make consumers’ lives better, but it can be copyrighted, which allows the painter to control artistic reproductions.
Plant patents protect newly discovered plant species or those that have not existed until now. The patent owner controls the plant’s reproduction, but it must reproduce asexually.
Utility and plant patents expire after 20 years, and design patents after 14 years. To discuss the viability of an invention and have it protected, you should reach out to a Delray Beach patent attorney at your earliest convenience.
Our attorneys begin by discussing a client’s invention and performing the due diligence to determine if it is patentable. This entails acquiring the evidence the patent examiner will ask for, and assessing the product uniqueness and how it benefits consumers.
We conduct a thorough patent search, which can include linking to as many as 100 patent applications databanks worldwide, seeking whether any patents have been issued for an identical or extremely similar invention. A patent attorney will also assist a Delray Beach inventor by:
The different types of patents have their own set of information that needs to accompany an application, and an attorney can properly guide inventors through the USPTO process.
Inventions are the foundation of society’s growth. If you invent something unique that benefits humanity, you can protect your work from thieves by having it patented. If government agencies seem daunting, do not worry. We submit the necessary declarations on your behalf.
A Delray Beach patent lawyer works with a USPTO representative to properly register your invention, so you can concentrate on all the benefits that come from it. We are here to help our clients express their creativity, so call today to schedule your initial consultation.