Inventing something new is an exhilarating experience. However, safeguarding your idea and ensuring that others cannot easily replicate it is important to your success. If you have questions about the patent process and want to make sure you are protected contact Gearhart Law’s Team of Patent Attorneys here or call us at (908) 273-0700.
A patent is a document issued by the United States Patent and Trademark Office (USPTO) that grants inventors exclusive rights to manufacture, use, sell, and import their inventions for a specific duration of time. Typically lasting 20 years for utility patents and 15 years for design patents.
Getting a patent for your invention comes with major advantages:
Three primary types of patents exist:
Before embarking on the patent application journey, it is essential to perform a comprehensive patent search to ensure the novelty and uniqueness of your invention. A patent search enables the identification of existing patents or published applications related to your invention.
Utilize the United States Patent and Trademark Office’s online Patent Full-Text and Image Database (PatFT) and the World Intellectual Property Organization (WIPO) database to conduct your search.
Do not hesitate to call us when you are dealing with an issue in regard to patents. Our experienced team of attorneys will help you through the legal process and ensure you receive the best possible outcome for your case. Contact us now at (908) 273-0700.
Before the patenting process, it is crucial to ascertain which type of patent aligns with your invention’s characteristics and the desired level of protection.
Upon determining the appropriate patent type and completing a thorough patent search, it is time to prepare your patent application. A comprehensive patent application consists of the following components:
For utility patents, two types of patent applications exist:
When your patent application is prepared, you should submit it to the USPTO. Remember to include the necessary filing fees, which will depend on the type of application and the size of the applicant (such as a small entity or micro entity).
Step 6: Monitor Your Application and Respond to USPTO Communications
Upon filing your patent application, the USPTO will assign a patent examiner to review the application and determine its compliance with patentability requirements .
It’s essential to closely watch your application status, and respond to any Office Actions promptly & thoroughly.
If the patent examiner deems your invention eligible for a patent, the USPTO will issue a Notice of Allowance. Once the fee is paid, the USPTO will grant you the patent .
For utility patents, maintenance fees must be paid at specific intervals (3.5, 7.5, and 11.5 years) to ensure the continued validity of your patent.
Patenting your idea can be a tricky process. However, enlisting the assistance of a seasoned patent lawyer can greatly speed up the patent process, and help avoid the risk of incorrectly filing your patent. A knowledgeable patent lawyer will serve as your trusted guide, offering key advice and support every step of the patent process. From conducting a deep patent search to determining the most suitable patent type for your invention, your patent attorney in New Jersey or New York will see that your application is meticulously prepared and accurately submitted. With their years of professional experience, you can proceed with confidence, knowing that your patent journey is in capable hands.
Get legal advice from a leading patent, trademark, and copyright law firm committed to helping you get the best possible outcome. Call us now at Gearhart Law for a consultation regarding your legal remedies at (908) 273-0700.