Salt Lake City Patent Attorney
If you want to succeed in a world with so much technological advancement, you have two options. You can try to invent something that has never been done before, or you could try to make something that already exists better than the competition. Either way you will need to patent your product or process. The crucial thing to note is that the United States transitioned the way they award inventor rights. The invention alone is not enough.
Why do I need a patent?
First to File
The first person to file the patent is considered the inventor. So, a patent is required to protect your intellectual property. Once a patent has been granted it excludes your competitors from making the same product or using the same process.
As soon as you have filed the patent application you have the right to label your invention “patent pending.” That label alone will put potential infringers on high alert. If the patent application is approved, anyone who made or used the same invention during the pending phase could end up paying royalties to the inventor for that time period.
Types of Patents
There are three types of patents you can file: utility, plant, or design. Choose the patent that best fits the description of your invention. Choosing the wrong patent type could lead to delays or rejection in the filing process. Utility patents are the most common, but also more difficult to get because of the sheer volume and competition.
It is important to note that patents do not last forever. A design patent lasts 15 years while the other two types will last for 20 years without an option for renewal after the time is up.
A utility patent consists of how it is made and/or operates such as assembly and function. Examples include: Engines, computers, tools, computer software, and pharmaceuticals.
A plant patent is pretty self explanatory. The USPTO website defines it as “invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.
An example of this is a new variety of almond tree.
A design patent is “the way it looks.” It covers not only the three dimensional form but any surface embellishments as well.
Examples include things such as: Fonts, furniture, automobiles, jewelry, apparel, etc.
is for items that are commonly used. It would include inventions in technology, machines, household items, and more. Design patents to protect the ornamental design of new inventions. Items that fall under this patent would be jewelry, clothing, furniture, and more. Lastly, a plant patent is for a newly discovered or created plant.
How Do I Get a Patent?
How to File
There are five basic steps to filing a patent.
- Search
- File
- Collect
- Complete
- Submit
The first step will be to search the USPTO to see if a patent already exists for your idea. This is important to do first so that you don’t waste time with other steps when the patent you seek is already claimed.
The second step is to file an official patent application. In order to complete this step you will need to determine which type of patent your idea fits under. The three types of patents are: utility, design, or plant.
The third step to file a patent is to collect all needed information and documentation. This step requires a lot of detail. The more detailed documentation you provide, the more protected your patent will be. If you don’t properly document a step of the process or piece of the product, it will not be considered patent infringement if not clearly stated in your filing process.
The fourth step is to complete and review. It can take up to three years for a patent to be approved, so it is important to start early and do it right the first time. Even small mistakes can lead to your patent being rejected.
The fifth and final step is submitting your patent application. This is filed through the United States Patent and Trademark Office (USPTO). Mail, fax, or website are your options, but most people will opt to go through the website.
Patent Attorney near Salt Lake City
A patent attorney can help you file your patent. Now that you know how important it is to be the first to file a patent within one year of the invention, you don’t want to waste time trying to figure it out on your own. A patent attorney can expedite the process and overcome any issues if they arise. Because a patent takes so long to file you will want to do everything possible to make sure that it is done right the first time. Using a patent attorney isn’t just for filing a patent, but a qualified and experienced attorney will be crucial if you find yourself in a patent infringement situation. The Utah patent attorneys at Beard St. Clair specialize in all things related to intellectual property.
Patent Infringement
Once your patent is filed it will be the responsibility of the inventor to monitor and report any duplicates or similarities that could be considered infringement. Once you have verified a violation of your patent, you should seek the help of a patent attorney for your case because not every lawyer has experience with intellectual property law.
Work With the Best IP Attorneys
There is so much pride in your own personal invention. To bring an idea to fruition it takes more than just a creative mind it also requires a lot of hard work and motivation as well as sacrifices of time, money and more. When you have invested so much into your idea you need to ensure that it is protected and handled with care. Working with an attorney gives you the best opportunity for filing a successful patent.
Utility patents are the most commonly sought after. When filing for a utility patent you must know and select the correct type: provisional or nonprovisional. It is highly recommended to work with an attorney for a provisional patent. The team at Beard St. Clair has years of experience working in intellectual property law. They have helped many others achieve their goal of securing a patent for their invention and they want to help you do the same.
