Inventors can continue to benefit from technological advancements as the world evolves. The explosion of new products and services on the market every day makes it imperative to stay on top of the trends (and competition). Patents are one way to stay ahead of the curve.
The Idaho Falls Patent Attorneys with Beard St. Clair Gaffney are ready to help you. We can help you through the entire process of preparing a patent application and even assist you in enforcing your intellectual property rights.
What Is A Patent?
Patents are governmental rights granted to inventors based on their inventions and designs. Patents confer upon inventors certain rights, which can be enforced against those who make, use, or sell the subject invention in that country without authorization. It is important to note that patents are not intended to reward inventors but rather allow society to access new ideas.
Patent applications describe and illustrate your invention’s “ingredients” – the features that make it unique. Instructions and illustrations explain how to make and use the invention. Furthermore, it describes the overall structure and operation of your invention, including the materials used and their uses. It is similar to a recipe, where a list of ingredients and instructions explain how to combine them to make up a patent application.
What does a Patent Attorney Do?
Lawyers of this kind specialize in protecting intellectual property (IP). As a patent agent, he or she examines inventions, guides inventors through the patent application process, and is ultimately responsible for obtaining the patent.
Why Do You Need A Patent?
Patents are necessary to maintain competition and innovation. Patents give inventors and innovators a legal monopoly on their ideas. The inventor or innovator who is granted a patent is the only one legally entitled to exploit the technology.
What Can Be Patented?
The United States requires several elements to patent your invention. Among those elements are:
- Must Be Novel: Your patentable invention must be new or different from previous inventions.
- Must Be Useful: You must be able to achieve something with your patentable invention.
- Must Not Be Obvious: Your patentable invention must be unconventional in nature.
What cannot be patented?
Patent applicants must follow a number of legal elements in order to obtain a patent in the United States. Your invention cannot be patented if:
- The invention you claim has already been patented.
- A printed publication contains your claimed invention.
- The public has access to your claimed invention prior to its filing.
Who should contact a Patent Attorney?
If you think you have a truly original, useful, technologically complex, and non-obvious idea, you should definitely contact a patent attorney. Writing a patentable invention is no easy task. You’ll need to be able to explain your idea clearly in writing. Researching existing patents and products in your field, as well as drafting and filing the patent application, is time-consuming and complex.
When is the best time to get a Patent Attorney?
It’s never too early to speak to a patent lawyer. “First-to-file” is now the rule in the United States. The sooner you file for patent protection, the better. It is better not to let another person patent your invention first.
According to U.S. patent law, you should file your patent application within one year of your invention’s first offering for sale or from its first public utilization. The deadline to file a patent application within one year is frequently a concern for inventors.
What Happens if I Don’t Hire A Patent Attorney?
If you fail to file a patent application, ownership of the invention remains with the first person to conceive it. This means that if two or more people are co inventors, each one owns an equal share of the invention. Because ownership is shared, there is no automatic right to exclude others from using the invention. The invention can be licensed or sold to others.
Many inventors wonder, “What’s the best way to protect my ideas and inventions?” The most basic protection is to file your patent application before someone else does. But you can also do many things to boost your chances of retaining ownership and control over your intellectual property. For example, avoid disclosing your ideas or inventions to other parties or publicly describing them, and file them for patent protection.
It may be tempting to file a patent application on your own based on online guides, however, making this decision can lead to many pitfalls. Your patent may be at risk if you commit a costly mistake. This is where an experienced patent attorney can be of the most assistance.
The expertise and commitment of Beard St. Clair Gaffney
Your new product or design should be protected with a patent in order to prevent it from being stolen, copied, or altered. Therefore, making errors in the early stages of applying for your patent may make you vulnerable to those wishing to copy your design or product.
Preparation and prosecution of a patent application require the guidance of a knowledgeable patent attorney. The patent application process can be complicated and daunting, and there are many pitfalls to be avoided.
Prepare and prosecute your patent application with the guidance of Beard St. Clair Gaffney. The experience and knowledge of our patent attorneys ensure that every case is handled by an attorney with considerable expertise and experience, whether the client is a small business developing a new product or a large company in defense of its major product. Contact our Idaho Falls firm to learn more about our patent attorneys, and how we can help your new inventions today.
