Why is a Patent Important?

A patent is your exclusive right by law to your own invention. A patent protects your invention from others stealing or copying what you have already put into place. What is also great is the patent can help protect the process that creates your invention, or if your invention creates a new way of doing something, the process itself. This will keep others from creating blatant knockoffs or trying to create a similar product or process. This can help you and your business remain ahead of the competition because you have created a new and revolutionary way to make your business more efficient.

Obtaining a Patent in Colorado:

To obtain a patent in Colorado, inventors must first determine which type of patent they are seeking. The three main types of patents that people use. These different types of patents include: utility patents, design patents, and plant patents. While the difference between the three is easy enough to understand, each patent type has key characteristics that our lawyers have become experts in.

Utility Patents

Utility patents are the most common type of patents which protects new and useful inventions or discoveries, such as new machines, processes, or compositions of matter. These ultimately focus on the product’s function and expire 20 years after the filing date. They typically cannot be renewed after this time. These types of patents are the long documents that go through the invention itself, as well as all of the processes that need to be recorded.

Design Patents

Design patents are used to protect new, original, and ornamental designs for a manufactured article, such as clothing, or furniture. This patent focuses more on aesthetics, the way things look, or ornamentation; not on the function of the article. Design patents typically expire after 15 years. These types of patents can sometimes be difficult to look up, as rather than documents that explain the invention, the patent is usually an illustration of the design.

Plant Patents

Plant patents refer to living plants. This covers new varieties of asexually reproduced plants. This could be given to newly discovered plants or a unique variety of a plant produced by cuttings, but it does not cover genetically modified plants. Botanists or farmers that breed such things as chili peppers, berries, or apples often use plant patents to protect their new crop. These types of patents expire after 20 years.

The Patent Process

Once the appropriate type of patent has been determined, inventors can begin the application process by preparing and filing a patent application with the United States Patent and Trademark Office (USPTO). The application must include a written description of the invention, as well as drawings or diagrams if necessary. Inventors should also be prepared to provide relevant prior art references and pay the required fees.

After the application is filed, it will be reviewed by a patent examiner to determine if it meets the necessary criteria for a patent. If the application is approved, the inventor will be granted a patent for a specified period of time, typically 20 years from the date of filing for utility and plant patents, and 15 years from the date of grant for design patents.

Common Issues in the Patent Process:

There are a number of issues that may arise during the patent process in Colorado. Some common issues include:

Uniqueness: In order to be granted a patent, an invention must be novel and non-obvious. If the patent examiner determines that the invention is not novel or that it would have been obvious to a person skilled in the relevant field, the application may be rejected.

Specificity: The specification of a patent application must be sufficiently definite and clear so as to enable a person skilled in the relevant field to make and use the invention. If the specification is found to be indefinite, the application may be rejected.

Usefulness: The specification of a patent application must also enable a person skilled in the relevant field to make and use the invention without undue experimentation. If the specification does not allow for use, the application may be rejected.

Descriptive: The specification of a patent application must adequately describe the claimed invention. If the specification is found to be inadequate, the application may be rejected.

Some inventors run into issues during the patent process and come to the conclusion that they need help from our team of experts to solve the problem.

If you are just starting out on the patent process we can make sure that you aren’t wasting time and effort. Let our team of experts help you go through the process the first time without any issues.

Why Is A Colorado Patent Attorney Necessary?

You could apply for a patent by yourself, however, only 65 percent of patents get approved. The Colorado Patent attorneys at Beard St. Clair are highly experienced in this process and will be able to make sure that your patent gets approved. We will make sure that your patent has been thoroughly written and make sure everything has been correctly applied for the first time. You will receive counsel to help understand not only the patent application process but also counsel on your patent itself and if you should expand the scope of your process or invention. We want to make sure that you fully understand what you are applying for, the rights you have with your patent, and what you are entitled to. To prevent anything from negatively happening with your patent, contact the expert Colorado patent attorneys at Beard St. Clair Gaffney today.