Getting a patent for your design can be challenging. It’s not just about having an idea about intellectual property law. Most inventors don’t know the processes behind obtaining a patent.
There are so many questions running in your mind when trying to get a patent on your product. Which type of patent do I need? What should my claim look like? How long will the whole thing take? Lucky for you, we offer a solution!
Our Seattle patent attorney has experience assisting clients with their patent requests. We can help you navigate the confusing legalities behind trademark law and patent law. Our knowledgeable Seattle patent lawyer offers a free consultation for your initial case review.
What Is a Patent?
A patent is a document that allows an inventor to have exclusive rights to their creation for a particular time. The inventor can license their patent for royalties.
Patents exist in one of two forms. It can be as follows:
- An invention patent: An invention patent allows the inventor to protect their products and processes. Moreover, a creator can also establish a patent for their machine, manufacture, and product composition or improvement.
- A design patent: A design patent protects any new ornamental designs for manufactured articles made available to the public.
Alloy Patent Law is here to help you with your complicated legal matters! We’ll walk you through every step of getting your intellectual property covered under the law. Our Seattle patent law firm will take care of everything, so you don’t have to deal with this headache!
Patent Filing Process
The patent process is a lengthy and hefty legal process. The entire process can take up to a year or more, which is why you must act fast. Our experienced patent lawyer will help you with your patent applications.
When applying for a patent, you should observe the following:
- Conduct thorough research if your product is already patented.
- Identify which type of patent is best for your product.
- Identify if you want to apply for an international patent.
- Seek the help of a Seattle patent attorney.
Who Can Apply for a Patent?
An inventor may choose to apply for a patent on their own. Whether it’s software, machinery, app, or gadget, the product’s creator can file for a patent. Applying for a patent is time-consuming and laborious. Enlisting the help of an experienced Seattle patent attorney is highly recommended.
A common mistake that individual inventors make is filing for patents too late. You should make your application six months before you start selling your product. Otherwise, you might be giving time for your competitors to steal your idea.
What Can Be Patented?
The United States Patent and Trademark Office (USPTO) states you can apply for intellectual property rights for these products:
- Industrial designs;
- Machines and technology;
- Apparatuses that may be used on land or water such as boats and ships;
- Patentable plants and animals;
- Medical devices;
- Artificial organs;
- Surgical instruments; and
- Non-biotech chemical processes
What Cannot Be Patented?
In general, you cannot apply for a patent on the following items:
- Abstract ideas, such as mathematical algorithms or theories;
- Concepts and procedures exist within the mind;
- Mathematical formula;
- Discovered but not yet invented products;
- Plants and animals that naturally exist in nature;
- Scientific principles;
- Discoveries that can be found through experimentation;
- Facts and data;
- Methods of conducting business;
- Methods of playing games;
- Methods of creating and processing information;
- Systems and methods for organizing human activity; and
- Data compilation systems
How Long Does Patent Protection Last?
For a utility patent, the protection lasts for 20 years from the initial filing date. If you want to secure your product’s patent through a provisional application, the protection only lasts 12 months.
When it comes to design patents, their duration depends on how long ago you filed them. If you file a design patent within six months of launch, your product’s lifespan is 15 years from the issue date.
After six months or more from launch, your product’s patent lifespan is 14 years. The counting will begin from when it was first published online.
Patenting Services That We Offer in Seattle, Washington
Our Seattle office offers various services concerning patent law. Our experienced San Diego patent lawyer can give you legal advice depending on the situation at hand. We are also knowledgeable in IP law and other scopes of intellectual property law.
Patentability Search and Opinion
Opinions require checking databases for any patents or trademarks that may already exist. We also look at the previous art records for the things you’re patenting. Furthermore, we can assess if your innovation is novel and non-obvious.
A product must also be kept private or unpublished for 18 months to be patentable. Publication of a product before the filing of a patent may jeopardize its approval. The filing of patents is done on a first-to-file basis. This signifies that the patent will be given to someone who filed a patent for a comparable product.
Provisional Patent Application
The expenses of a provisional patent application are cheaper than that of a non-provisional patent application. This sort of patent is most appropriate for items that are still in the design stage. Patent applicants are not permitted to use it for selling or promoting.
Holders who choose a provisional patent application have a distinct advantage. This allows patent applicants to do an extensive study before filing for a complete patent.
Nonprovisional Patent Application
Nonprovisional applications are for patents that are pending. A utility patent is another name for a non-provisional patent application.
An applicant must first submit a provisional application. After that, they will then file for a non-provisional patent. A non-provisional application usually costs more than a provisional application.
Patent applicants must offer adequate documents. This is done to ensure that they meet all the patenting requirements. In some cases, the responsible agency may need to see evidence of product designs. They may also seek technical specifications and research reports of the product.
The process of documenting and applying for a patent is known as patent prosecution. It also entails responding to any office actions that are required. You must also make room for any contact from patent examiners in Seattle.
Our Seattle patent attorney will investigate its legality. We can also help you determine whether you have to provide further information. In this instance, they will have to go through the proper steps before proceeding with modifications or official designs.
Invention Disclosure Development
Invention Disclosure Development is the process of writing and preparing an application for a patent. Furthermore, it comprises carrying out any research or legal action answers from USPTO examiners.
Our Seattle patent lawyer will map out all of its major components. We shall also investigate their relationship with one another. Following that, we will determine the function of each specific feature of the design.
State of the Art Search
State-of-the-art search reports will help you identify whether your business product idea has already been patented. It will give an overview of what is already available. It will also provide you with ideas for what you might utilize for your new item or product.
If the court determines that your idea or concept is not yet widely known, you have “Patent Pending” status. It will be beneficial if you include this on all of your commercial items. You can avoid being accused of patent infringement by other rivals if you do this.
This also serves to deter prospective infringers from exploiting you. In most circumstances, if they are aware that your design is still awaiting USPTO clearance, they will not try to steal your work since they may face patent infringement penalties.
Why Should You Do a Patent Search?
Conducting a patent search is vital to prevent future legal disputes. Our experienced Seattle patent attorney serves inventors to protect their innovative idea. We can help you do an effective patent search to prevent the following:
- Infringement on a patent: This occurs when someone uses your patented product without your permission.
- Business sabotage: An example of this is when a former employee or a rival attempts to sabotage you by using patent laws.
- Misrepresentation: This happened when the USPTO discovered technical errors in your application. An example of this is when you mentioned private inventors instead of declaiming them as public inventors.
Things You Should Do If Your Patent Is Infringed
In case you have suspicions that your patent is being infringed. Then it would be best if you seek the help of our Seattle patent lawyer immediately. At Alloy Patent Law, we will conduct an immediate investigation to identify the situation. Furthermore, we will help you with the litigation process if this is necessary.
Finding a Patent Attorney Near Me | Contact Alloy Patent Law for Your Intellectual Property Matters in Seattle, WA
Alloy Patent Law Firm is dedicated to improving inventor access to legal services. Our goal is to help companies and other small businesses protect their unique products against infringers. If you are looking for quality patent legal services, then you should contact us now!
In most cases, a competition might try to steal your company’s trade product. In this case, you would need to get your patent license immediately. If you need assistance with patent licensing, then Alloy Patent Law Firm can help you!
You can reach us at (206) 899-6980. Alternatively, you may also fill up our form here if you want to reach us this way. We provide a free consultation for your initial case review.
Call a Provisional Patent Application lawyer today - (206) 899-6980