Patents
A patent can protect inventors and small business owners who have a unique idea or product. It is important for you to file your patent to make sure it is registered and protected from unauthorized use. If you have your intellectual property stolen, a patent law claim can help you get compensation.
Earning a patent from the USPTO is a complicated process. Most inventors and entrepreneurs can benefit from a patent professional with their patent application. If you have questions about becoming a patent owner or enforcing your intellectual property rights, talk to a patent attorney for legal advice.
What Is a Patent?
A patent protects a patentable new and useful invention or design from others making, using, or selling it without paying for permission. A patent with the United States Patent and Trademark Office (USPTO) is a legal protection for intellectual property, to give the owner exclusive rights over their property.
Most patents have a 20-year term of protection where the owner has exclusive rights over their patented invention. Design patents have a shorter term of exclusive protection. There are also conditions where a patent term can be extended.
Each country has its own patent classification process. A U.S. patent protects inventions in the U.S. A European Patent Office patent gives an owner patent rights in Europe. Filing an international patent application can effectively protect your intellectual property rights in a number of countries. The Patent Cooperation Treaty (PCT) gives international patent protections to inventors.
What Are the Different Kinds of Patents?
Most people only think about patents for new products or devices. However, there are three types of patents:
- Utility patents: This is for a new or improved and useful process, product, or invention.
- Design patents: This is for a new or original design for your invention or product. In other words, it has to do with the visual qualities of your item.
- Plant patents: This is for discovering or inventing a new and distinct variety of plant.
How Patents Differ From Trademarks and Copyrights
Trademarks, copyrights, and patents are all different. Copyrights are for original works of authorship, like books, movies, and music. A trademark protects a sign, design, or expression of a product or service, like the Nike logo or McDonald’s sign.
How Do I Apply for a Patent?
A patent filing usually starts with a patent search to ensure someone else does not already hold a patent for your invention or design. You will then file a provisional patent application. This secures an early filing date if your invention or design is not quite finished.
If your invention or design is in its early stages, your patent attorney can comply with the USPTO’s “Document Disclosure Program,” which is evidence of when your patent application was filed. But it does not provide patent protection. When your invention or design is finished, your patent attorney will complete the patent application and file it with the U.S. Patent and Trademark Office.
The USPTO will perform a confidential examination, called a “prosecution.” The patent examiner informs your attorney of the prosecution’s conclusion, usually asking for clarifications that your patent attorney responds to.
If your application is denied, your patent attorney can file an “opposition,” which is like an appeal. After the USPTO issues your patent, your patent attorney can handle your periodic maintenance fees to keep your patent in force. Patents for designs do not require maintenance fees. If someone violates your patent, your patent attorney can sue the violator.
How Do Patents Protect Inventors?
A patent gives you exclusive rights over the use of the device or design. Having a registered patent puts the world on notice that someone owns the invention and anyone who wants to use it has to get your permission. You can use the patent registration as evidence of owning the patent and when the invention was established.
What Happens If Someone Steals My Patent?
A patent owner has legal protections against patent infringement. If someone is using the device or design without permission, you can file a patent infringement lawsuit in civil court to stop any further use and seek financial penalties for unauthorized use.
For example, if another company made a knock-off product that violated patent law, you could file a lawsuit to:
- Stop any further sales of the product
- Require destruction of remaining unauthorized products
- Recover any profits from the unlawful sale
- Get punitive damages to punish the wrongdoer
- Pay for legal fees for the cost of the lawsuit
Should I Hire a Patent Attorney for My Invention?
Earning a successful patent can rely heavily on the quality of your legal representation. Patent law is a unique practice area that generally requires additional technical education and training. A patent attorney is familiar with the patent organization process, filing requirements, and how to deal with problems. The USPTO also requires patent attorneys to have specialized qualifications and pass a test before representing clients in the patent process.
Generally, a patent attorney will handle the steps to secure a patent for you. If your patent application is denied, your lawyer can respond and challenge the government’s decision.