A major portion of an individual inventor’s or a company’s assets is intellectual property. If you actively work to create new inventions or want to retain sole ownership rights over this property, you will need to file for patent protection. This means that you will need to register a formal application to the United States Patent and Trademark Office that describes the product in question.

Obtaining patent protection comes with many advantages, including your sole authority to produce an item or license it out to others. In addition, registering a patent will grant you the ability to pursue infringement lawsuits against any party that violates your ownership rights. A West Palm patent lawyer could explain the concept of a patent, help you properly register one, and file lawsuits demanding compensation in the event of an infringement.

What is a Patent?

A patent is a common form of intellectual property protection. A person or company creates intellectual property when they produce a new invention or work of art. As specifically applied to patents, the United States Patent and Trademark Office (USPTO) states that an application for patent protection must describe how an invention sufficiently differs from current manufacturing processes or represents a new advance in technology.

Obtaining patent rights will grant the owner the sole ability to create that item, sell it to consumers, or license out the right for others to do so. Under 35 United States Code § 101, any party that invents a machine, manufacturing process, or composition process has the ability to seek out patent protection. A West Palm patent attorney can provide insight into whether an invention meets the criteria for legal protection.

The Patent Registration Process

The USPTO handles all requests for patent protection in the United States. To initiate the process, an inventor must follow strict procedures that describe the invention and ensure that another party does not already hold a patent on the items in question.

A West Palm lawyer could provide proper guidance during each phase of a patent application, such as by performing a thorough search in the USPTO records to determine if a similar invention exists. It may also be necessary to search related foreign records and other publications.

If it appears that an invention is not already on the books, the next step is to prepare a formal application. This application may include blueprints, chemical formulas, and other documentation that describe the invention and how it works. If the USPTO has follow-up questions about the application, legal counsel could provide additional information as needed.

Protecting the Rights of Patent Holders

The main purpose of obtaining patent rights is to protect the ability to profit from the invention. Patents give the inventor the rights of producing an item, granting licenses for others to do so, and obtaining the sole right to use a specific process. Any party that does not have permission to use a patented item or process is infringing upon the owner’s IP rights.

When an infringement lawsuit is necessary, a West Palm patent lawyer could offer their legal knowledge to protect a person’s IP rights. The purpose of a lawsuit is to put an immediate end to the infringing behavior and may seek out compensation in the form of reasonable royalties and lost profits, in addition to injunctive relief and attorney’s fees. It is critical for a person involved in an infringement lawsuit to have a clear understanding of what is at stake and what the potential consequences could be, which is why retaining the services of a lawyer is necessary.

Speak with a West Palm Patent Attorney for More Information

Individuals and businesses that have registered their patent have substantial rights under the law, including the sole ability to produce, license, and sell an item. It also includes the right to pursue infringement lawsuits if others violate those rights.

It is important to cover all of your legal bases, which is why you deserve proper guidance from a West Palm patent lawyer. If you wish to take the next step in preparing for the future, send a contact form to Lomnitzer Law for a free consultation.