What You Need to Know About Securing a Patent

As an inventor, your priority is to protect your invention. The best way to do that is by securing a patent, which is a form of legal protection that prevents others from making, selling, or using your invention without your permission. Securing a patent is a complex process that can at times be confusing and time consuming, but with the help of a patent attorney, you can achieve the protection you need for your invention.

Types of Patents

There are three different types of patents: utility patents, design patents, and plant patents. Utility patents are given for new and useful inventions, while design patents are granted for the ornamental design of a functional item. Plant patents are granted for new varieties of plants that have been created or discovered.

The Patent Process

The patent process involves several steps, including conducting a patent search, writing a patent application, filing the application, prosecuting the application, and receiving the issued patent. Conducting a search helps to determine if anyone else has already patented a similar invention. Writing a patent application is a detailed process, which requires a description of your invention in detail, including how it works and why it should be granted a patent.

The application process ideally entails hiring a patent attorney to submit the application on your behalf. Prosecuting the application involves going through a series of back-and-forth communications with the United States Patent and Trademark Office (USPTO) examiners to ensure the application meets all requirements. Taking the application through to issuance signals the end of the grant phase of the patent process.

Patent Maintenance

Once you have secured a patent, you will need to maintain it by paying maintenance fees to the USPTO. Maintenance fees are due three times over the life of the patent. Failure to pay the fees within specific deadlines may result in the expiration of the patent. Proper maintenance of the patent ensures your invention remains protected.

Patent Infringement and Enforcement

Patent infringement occurs when someone else makes, sells, or uses your invention without your permission. If patent infringement occurs, you can enforce your patent rights by initiating legal proceedings against the infringer. If a court finds that someone infringed on your patent, they may be required to pay damages or stop using your invention altogether.

Reasons to Hire a Patent Attorney

Patent attorneys have the expertise and knowledge to expertly navigate the patent application process. They can help overcome the myriad obstacles that may arise in the process, providing expert legal advice along the way. Hiring a patent attorney increases the likelihood of approval significantly, as opposed to filing an application on your own. As you continue working on your invention, a patent attorney can help manage your time and resources effectively by handling the legal matters thus allowing you to work on refining the invention or developing a market for your product.

We strongly recommend working with a patent attorney who can ensure your application has as much coverage and protection over your invention as possible. Connect with us at Parsons & Goltry, PLLC to learn more about everything you need to know about obtaining your next patent.