Guard Against Patent Infringement

Patented products have protectable rights to protect against infringement. A patent must be applied for within one year from the date which the invention was publicly offered for sale. As of 2013, patents became awarded to the first one to file, whereas before it was given to the first one to invent, which is why it is so important to file immediately. If you wait, and someone files quicker than you, they may ultimately have superior rights to that invention. If your invention is being copied, you need to prevent these companies from infringing on your rights. We file patent infringement suits for you in order to stop the infringing conduct and to recover your monetary damages.

Protecting Your Brilliant Idea

Obtaining a patent to protect your intellectual property may be the key that you need to ensure your success. The reason why many companies succeed is because their products or processes are superior to their competition. By obtaining a patent, you will prevent your competitors from using your invention, products or improved processes for a certain amount of time. Beard Sr. Clair Gaffney will make sure that no one else has registered your idea with a rigorous patent search to ensure that you stay ahead of your competitors by filing your patent. The three main types of patents are:

Utility Patents

Utility patents are the most common, and typically the one that people are speaking about when trying to obtain one. This is used to protect a product, process, apparatus, composition of matter, or a method performing a task. The focus is ultimately on the function of the product. Utility patents expire 20 years after the filing date.

Design Patents

Design patents are used to protect ornamental features such as an aesthetic design of something. This is referring to the way something looks and not necessarily how it functions. Patents for these last for 15 years from the date the patent was issued.

Plant Patents

Plant patent refers to living plants. These types of patents are given to those who have discovered or reproduced a distinct new variety of a plant. These plants could be produced by cuttings but not genetically modified plants. These patents will expire 20 years from the file date.

Why Should I Hire a Patent Attorney?

Applying for a patent is a process that takes a great deal of time and effort. Only 65% of patents get approved, and employing the services of a reputable and experienced patent attorney can streamline the process of applying for a patent. The Attorneys at Beard St. Clair Gaffney are here to protect your invention and by law are required to protect your confidential information. Your secrets are safe with our Montana Attorneys. While it may be possible to obtain a patent on your own, it is highly advised to retain experienced patent counsel to take on the process on your behalf. An attorney will help you to understand the broadest scope of protection that you are entitled to. We often help our clients to incorporate further aspects to their invention and expand the scope of their patent by carefully understanding their intentions and asking the right questions. There are many things that a new inventor might accidentally do that could negatively impact their rights to their invention. A simple phone call to Beard St. Clair Gaffney could shine light on the potential pitfalls that you should steer clear of.

Patent Application Process

Our Patent Attorneys will sit down with you to gain an understanding of the science behind your invention. Once a patent application is filed with the U.S. Patent and TradeMark Office (PTO), it will take between 18 months to 3 years for the Patent Office to fully examine the application. Some cases can be expedited, but some could also take even longer. After your application is reviewed by examiners, we will tactfully respond to any objections or rejections. If your patent is rejected, we will explain to the examiner what they may have missed or how they could be mistaken. Our professional relationship and built trust with the PTO is an asset that will help you in your favor against all the others who just filed for their patent on their own. If the PTO determines that your invention is patentable, it is a quick and easy process to get your patent issued.

To Obtain A Patent You Must Show:

The Invention is completely new and no one else has invented it

The invention is useful and functional

The invention is something that is unique or out of the ordinary

Patent Costs

Filing for a patent is not cheap. Depending on the complexity of your patent, written and filed including government fees can cost anywhere between $6,500 to $10,000+. This cost does not include if your patent is rejected and needs to be refiled. Many patents are initially rejected, and it costs more to file each time. If your patent is accepted, you will have government fees as well as maintenance fees to keep your patent.

Contact The Best Montana Patent Attorneys

Take a tangible step towards expanding your patent protection by contacting Beard St. Clair Gaffney Attorneys today. You can call or request a consultation by email.