Posts Tagged ‘getting a patent’
So you have the next great idea and you want it get it patented. Well getting a patent is not as hard as it seems. It is however a long process filled with legal steps that must be followed and it will serve you well to secure the services of a patent lawyer to assist you.
How to get a patent? First off many think their idea is original and marketable. Not all inventions are eligible to be patented. So you will need to check the US Patent office and see if a patent currently exists.
There are different types of patents. Utility patents are for machines or mechanical processes. Design patents cover a new design for a manufactured item. Depending on your needs proper protocol will need to be followed.
Once you have decided what type of patent you will apply for, detailed paperwork and documentation will follow. This is where finding a patent lawyer will help you, but you can complete the process yourself. Beware one mistake and your application will be declined.
Your application will then be assigned to a patent examiner and the scrutiny begins. This process typically takes about a year from the filing date. The patent examiner will do an independent search for pre-existing patents. If they discover something they believe is comparable to your idea; they may reject the patent application.
.If you have secured a patent lawyer they can issue a reply to have the case reexamined, or you can do so yourself. Multiple application rejections are not uncommon and at some point you can schedule an in-person interview to discuss the patent application.
Your company has developed a really nifty new product. Should you file for a patent, and should you trademark the product’s name? Like so many other things in life, business, marriage and sports, it depends.
Patent a New Product? First of all, you cannot actually “patent” a product or service. You can only patent the innovation that went into creating that product or service. Applying for and receiving a patent has several benefits. 1. Protection and Exclusivity: First and foremost, getting a patent for your invention prevents competitors from using it to create identical or similar products. For example, when Post-it® notes came out, 3M had patented the technology behind them, and that gave 3M a valuable monopoly for many years. Understand, however, that the US Patent Office issues patents; they do not enforce them. So if a company infringes on your patent, you will have to defend your patent through civil litigation. 2. Additional Revenue: You can license your patent to other businesses. While it probably does not make sense to license your patent to a direct competitor, you could license it to companies in other industries and create a nice revenue stream. If the product that uses the invention is not producing the desired sales or profits for your business, you could then license the patent – or even sell the patent – to generate revenue from it. 3. Better Safe than Sorry: If you do NOT apply for a patent, and two or three years later you discover that a company is using your innovation to produce a product or service, you may regret not patenting the technology when you had the opportunity to do so.
Patent and copyright law can be difficult for laymen to understand completely. That is why you might need the services of an attorney to help you fill out the paperwork that will protect your patented or copyrighted materials.
Copyright Attorneys
Copyright attorneys might focus on a specific type of copyright law, so it is important to find one that has considerable experience in the issues that impact you most. Some of the attorneys might practice copyright law for music, while others might focus on books, articles, and other types of writing. There are many different types of copyrights that protect the intellectual rights of those who own materials, so it is often best to talk to several attorneys to help you choose one that can give you the services that are best for you.
Patent Attorneys
Getting a patent for your idea or product is an important way to protect yourself from intellectual property theft. If you have tried to patent an idea or product on your own, though, then you have probably discovered how overwhelming and complex it can be. The paperwork alone is often incredibly specific and expects those filling them out to understand patent law. Obviously, most laymen will have a hard time appealing to the patent office without the help of a skilled attorney.
Like copyright, there are many different types of patent law issues. Some of the patent attorneys in your area might have a background in aerodynamics that can help you or your company get a patent on new aircraft products. Others might have backgrounds in chemistry, mechanics, or other subjects that helps them understand the patenting process for that specific type of product and idea. If you can find a patent lawyer who fully understands and appreciates your plans and ideas, then you might have found one that can help you.