Patent Attorney in Washington, DC
The patent process is complicated, requiring innovators to be well-versed in U.S. patent law. While you are not compelled to hire a lawyer, it is good to do so. When an inventor does not have prior experience obtaining a patent for an innovation, the United States Patent and Trademark Office (USPTO) highly advises that they seek the assistance of a qualified patent attorney. Your attorney will clarify what is a patent and explain the benefits of getting one.
War I.P. Law will evaluate and review your concept, determine the sort of protection you want, and create a unique plan for you. The ultimate objective is to protect and develop your idea cost-effectively.
On the other hand, getting a patent for your innovation may not be to your advantage. Even if you aren’t pleased with the news, our competent patent attorney from War I.P. Law will always look out for our client’s best interests. Saving money is the most crucial piece of advice.
What is a Patent?
A patent for innovation is a property right granted by the USPTO to the inventor. A new patent’s term is generally 20 years from the date of filing of the patent application in the United States or, in certain situations, from the date of filing of an earlier related application, subject to the payment of maintenance costs. Patents granted by the United States are only valid in the United States, its territories, and its possessions.
Patent term extensions or changes may be allowed under certain circumstances. In the Act and the grant itself, “the right to prohibit others from producing, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States is bestowed by the patent grant.
The right to exclude others from producing, using, offering for sale, selling, or importing the invention is granted, not the right to create, use, offer for sale, sell, or import the invention. Once a patent is issued, the patentee is responsible for enforcing it without the assistance of the USPTO.
What Are the Types of Patent?
Below are the three types of a patent that can be granted to the inventor.
Anyone who invents or discovers a new and valuable process, the machine, object of manufacture, composition of matter, or any new and useful improvement thereof, may be issued a utility patent.
Anyone who creates a novel, unique and attractive design for a manufactured item may be given a design patent.
Anyone who invents or discovers and asexually reproduces any different and new type of plant may be issued a plant patent. Cannabis cultivars are included.
Is it Even Possible to Get a Patent?
For your innovation to be eligible for a patent, it must be not only novel but also beneficial and non-obvious. For example, the United States has a “First-Inventor-to-File” patent system, which means that regardless of the date of invention, the application filing date may determine patent rights.
The invention must not have been (a) publicly revealed, on sale, or in use by anyone other than the inventor at the time of filing the patent application, or (b) publicly disclosed, on sale, or in use by the inventor for more than one year at the time of filing the patent application. To file for a patent in this manner, you must act quickly and covertly.
Remember that while “ideas” are not often patentable, innovations are. For example, unless you can define how the machine will accomplish that job, the concept for a machine to sort apparel by color may not be patentable.
As a result, the patent application must disclose the invention in sufficient depth and specificity for persons knowledgeable in the art to create and utilize it.
What is Patentability Search?
The first stages in determining where your idea fits into the industry are critical. A patentability search is frequently strongly suggested before filing a patent application.
A patentability search, for example, is designed to identify issued U.S. patents and published U.S. patent applications that relate to the invention or that would otherwise impact your ability to obtain a patent on your invention, even though you are encouraged to survey the market for any similar products that may exist.
An innovation may be patented, but the product never sees the light of day. As a result, a patentability search is generally always a vital initial step.
Despite the USPTO maintaining an official patent library in Virginia, many patent searches are now completed online, such as through the USPTO’s official online database and other online sites.
The use of keywords, searching multiple U.S. and worldwide patent classes, and following citations offered on comparable patent references are only a few diverse patent searching tactics and procedures.
Enlisting the assistance of a patent attorney is highly recommended to guarantee that the search is completed correctly and to boost the odds that your patent application is approved potentially.
How to Apply for a Patent?
If the patentability search yields positive results, indicating that at least some component of the invention may be patentable, the next stage in the procedure is to file a patent application in the United States.
When filling out your patent application, you have numerous alternatives, depending on what you want to patent. A design patent application and a utility patent application are the two basic categories of patent applications recognized by the United States Patent and Trademark Office, or USPTO. Different features of an invention are protected in each application.
- Design Patent Applications. Design patent applications protect an invention’s non-functional, decorative, or aesthetic components. These essentially depict the appearance of the innovation. For example, the creators of a new running shoe may want to file a design patent application for the shoe’s distinct appearance, which is different from how the shoe operates or works. Once the USPTO approves a design patent application, it will be valid for 15 years from issuance.
- Utility Patent Applications. The utility features of an invention, which are directly related to how the invention operates or performs, are the subject of utility patent applications. The creators of running shoes, for example, may want to patent a new sole that can assist a person going longer distances or the shoe’s unique laces that won’t come undone while running. Once granted by the USPTO, utility patents are valid for 20 years from filing.
There are two options, at least initially, when considering a utility patent application:
- Provisional. Provisional patent applications allow innovators to quickly and cheaply get a “patent pending” status. The USPTO never evaluates provisional patent applications, and they automatically expire one year after submission, forcing the applicant to file a non-provisional application.
- Non-Provisional. Non-provisional patent applications are often more extensive, requiring a set of patent claims that outline the area of protection sought. Once filed, non-provisional patent applications will be assigned to a Patent Examiner at the USPTO for review.
In some situations, an inventor may opt to start with a provisional patent application, which acts as a “patent pending” placeholder at the USPTO. In contrast, the inventor works out the details of their invention.
War I.P. Law offers flat-price application services for both design and utility patents. Our skilled patent attorney will prepare your application, include formal drawings, and thorough explanation of your idea. For a free consultation, please get in touch with us immediately.
Why Hiring a Patent Attorney to File for Patency is Best for You?
When you employ an attorney to submit a patent, you may be assured that the attorney-client privilege will safeguard your intellectual property. One of the most acceptable moves you can make for the future of your product or concept is to hire a patent attorney.
Our experienced patent attorneys are well-versed in patent and copyright law complexities. They may be able to link you with other individuals or resources that may help you advance your business. They can also evaluate the patent search result and advise you on the appropriate next steps, such as filing a legal provisional patent application.
The belief that it would save you money is a significant element that drives innovators to non-law firm firms and DIY patent clearance. Unfortunately, this strategy overlooks the value of patent attorneys’ skills.
War I.P. Law’s patent attorneys are fluent in patent law and can help you through the application procedure in a way that saves you time and money in the long run.
We’re Here to Help You Protect Your Ideas and Inventions
War I.P. Law offers comprehensive patent services to assist in developing and protecting the ideas that define our world. Our experienced patent attorneys provide strategic advice and services that include patent counseling and prosecution, new product clearance and licensing, and advice on patent enforcement and the avoidance of any infringement difficulties.
Our unrivaled technical experience allows us to write patent applications that precisely capture an invention’s unique and innovative essence, thereby safeguarding it from later claims.
Our patent attorneys and renowned litigators work closely together to actively and aggressively represent plaintiffs and defendants in a wide range of court proceedings domestically and internationally, designing patent strategies that complement and further our clients’ commercial objectives.