The process of applying for a patent can be complex, and getting a patent attorney to assist you in your patent filing can make the process less intimidating.
In this article, we’ve provided information that will help you understand how patents work to protect your intellectual property and how an intellectual property lawyer can help you in this process.
To start, let us first define what a patent is and how it works.
What Is a Patent?
A patent gives inventors exclusive rights to their inventions for a limited period. It gives you the legal right to refuse public disclosure of an invention and to exclude others from using, selling, or making an invention.
A patent gives you intellectual property protection, and once an application for a patent is submitted to the United States Patent and Trademark Office for evaluation, it’ll have a “patent pending” status. This status gives you priority over others who’ll try to implement the same idea. Once your patent-pending becomes a registered patent, you can sue for damages. This also means that other inventors or a competitor with the same concept can’t prosecute you or get a patent for the same invention idea.
If you have questions about intellectual property, you can find an attorney specializing in IP law at War IP Law, PLLC. Call us today and let one of our patent lawyers help you.
How To Apply for Patent
The USPTO has provided steps that you need to follow when filing a patent. Once you file for a patent application, it will be reviewed and your invention will be protected from that point on unless your patent is rejected.
- Prior Art – when you file a patent in the patent office, an examiner will review abandoned and approved third-party patent applications. If your invention is similar to the prior art, your patent will be ineligible.
- Points of Novelty – to acquire a patent, your invention must both be novel and distinct. The patent examiner must have a clear comprehension of what your invention can do and how it is different from already existing inventions.
- Enablement Requirement – For an application to be complete the invention must be enabled. What this means is that the disclosure must explain enough about the invention so that someone skilled in the art can both make and use the invention.
Registered patents have patent expiration and they must be renewed every 4 years. You can pay 6 months earlier before your patent expiration date to renew it, but if your patent expires, your invention will be unprotected unless your patent is reinstated.
If you need help in renewing your patent license, reach out to our experienced IP lawyers today and let us help you with the legal services you need.
Patent Protection Overseas
Depending on your invention and the scope of your market, you might need to apply for patent protection in international markets.
Issuance of a U.S. patent can only protect you within the U.S. and its other territories, but it can’t protect your intellectual property in foreign countries. For example, you have to apply for a Canadian patent if your market includes Canada, an Indian patent if your market includes India, or a European patent if your market includes Europe, etc.
To process an international patent can be overwhelming. If you need a patent lawyer to help in your patent licensing, our intellectual property law firm is here to help. Contact us at War IP law.
Who Are Patent Attorneys?
There are different qualifications before a lawyer can become an intellectual property attorney. An attorney has to be registered with the US patent and trademark office. To qualify, an attorney must have certification/education in a technical field and pass the state bar exam and the patent bar exam.
How a Patent Attorney Can Help
Drafting a patent can be confusing and difficult. You have to explain the technicalities in your invention, and you also have to make sure that the patent you drafted can protect your invention. US patent laws are very technical, and writing your patent can be risky; reaching out to a patent law firm to assist you is encouraged.
On the other hand, if you’re planning to write your patent, it’s advisable to seek the help of a registered patent attorney. You can write your provisional patent application and submit it to the trademark and patent office. A provisional application gives you a year to draft a formal patent application, and though it lacks many of the formalities that a formal patent includes, it allows the inventor to present to investors with a patent in hand. Once you have your investor’s investments, you can hire an IP law firm or an IP lawyer to write your application.
If you have any questions regarding the patent application process, our lawyers at War IP Law are here to help.