patents
Eureka! You have an idea!
Curious as to what a patent is, what the process is like, or if what you are doing can be filed for patent protection? Are you in the process of developing something new and useful?
Do you supervise a team of creators or innovators and need help managing their output? Do you have a patent portfolio that needs tending to or needs to be built on?
Are you in a crowded field market and want to see whether it would be advantageous to file for patent protection? Need to determine a good strategy going forward?
The experts at Wilson Dutra, PLLC will help you navigate the complexities of patent law in Jacksonville, FL. Our patent attorney can help whether you’re looking for a consultation or for somebody to draft a patent application for you.
FREE GUIDE
The Pursuit of Patentness: Turning Innovative Ideas Into Rewarding Realities
In this guide, you will learn about:
— How to find out if your invention is patentable
— The different types of patents
— What to expect from the patent process
—How to maintain your patent
Complete the form to download your complimentary guide.
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What is a Patent?
A patent is a legal grant that provides its owner with the exclusive right to exclude others from making, using, selling, or offering for sale their innovation. In the United States, individuals generally have the right to create, utilize, or sell anything, as long as it is legal and not protected by someone else’s patent. However, obtaining a patent entails disclosing detailed information about the invention, essentially exchanging a temporary monopoly for the public disclosure of how to make or use the technology. The owner of a patent can maintain exclusive control over their innovation for a period of up to 20 years, depending on the type of patent, and potentially even control related technologies for longer through strategic planning.
If someone infringes upon a patent, the owner has the option to initiate legal action to protect their rights. U.S. patents are enforceable only within the United States and its territories and possessions. To navigate patent law effectively, individuals can seek assistance from professionals such as Wilson Dutra, who can provide guidance in Jacksonville and throughout the United States to safeguard intellectual property.
In the United States, patents are granted by the U.S. Patent and Trademark Office (USPTO). If a U.S. patent is infringed, the owner has the right to seek an injunction through the federal court system, aiming to halt the infringer from making, using, selling, or offering for sale the patented invention. Additionally, the owner can request monetary damages to compensate for any losses incurred due to the infringement.
Patent application basics.
There are a variety of patent applications that can be filed depending on your innovation, what your product is, what your goals are, and where you are in the process. Different rules and timelines apply to each type of patent application type, which include national and international filings and design (which protects how something looks) and utility (which protects functionality) applications. If you have already started selling or presenting your innovation to the public, your timeline has already begun, and you could potentially lose the ability to patent your tech. Speak to our attorneys in Jacksonville to protect yourself and begin filing a patent application today.
What can you Patent?
Understanding the legal aspects of patents is crucial for protecting your inventions. When it comes to patents, there are different types that cover various innovations. Let’s break it down:
✓ Utility patents: These can protect new and useful processes, machines, manufactured items, compositions of matter, or improvements on existing ones.
✓ Design patents: These cover new and unique designs for manufactured items, adding an ornamental aspect to their appearance.
✓ Plant patents: These protect distinct and novel plant varieties, including cultivated sports, mutants, hybrids, and newly discovered seedlings. However, plants propagated by tubers or found in the wild are not eligible.
To obtain a patent, your invention must meet four essential conditions. Firstly, it must be functional and capable of being used, rather than just a theoretical concept. Secondly, you must provide a clear and comprehensive description of how to create and utilize the invention. Thirdly, the invention must be novel, meaning it has not been done before. Lastly, it must not be obvious to a person skilled in the relevant field, indicating a non-trivial advancement over existing inventions.
While patent law sets certain limitations, such as prohibiting the patenting of natural laws, physical phenomena, and abstract ideas, the scope of protectable subject matter remains vast and diverse. It’s worth noting that even certain methods of conducting business may be eligible for patent protection.
At our law firm, we focus on patent law and can guide you through the process of protecting your inventions. Contact us today to explore the possibilities of patents and safeguard your innovative ideas.
How can a patent attorney/agent help you?
Preparing and navigating a patent application requires a deep understanding of patent law, USPTO rules and procedures, and the specific scientific or technical knowledge related to your invention. While it’s possible to handle the application process on your own, it’s important to recognize that without the assistance of a skilled attorney or agent, you may not achieve the maximum level of protection for your invention. That’s why the USPTO recommends hiring a registered patent practitioner who can expertly draft and file your application.
At our law firm, we have a team of patent attorneys who are registered with the USPTO. These professionals have the necessary qualifications and knowledge to handle all aspects of your patent application. When you engage the services of an attorney or agent, the USPTO will communicate directly with them, streamlining the process for you.
By appointing a patent attorney or agent, you grant them a power of attorney, which is filed and recorded in the application file. This means that the USPTO will communicate with and correspond through your chosen representative. As the applicant, you retain the ability to contact the USPTO to inquire about the status of your application. If necessary, you can also revoke the power of attorney at any time.
We understand the importance of securing strong patent protection for your invention, and our team of experienced patent attorneys and agents is here to guide you through the entire process. Contact us today to discuss your patent application and ensure that your intellectual property receives the comprehensive legal support it deserves.
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