Patent Law in Albuquerque, NM

Do you believe you have come up with the next explosive concept that will change the world?

According to the Roosevelt Review, inventors in New Mexico have achieved many notable firsts. Nicotine patches, water disruptors, and even the atomic bomb are inventions on this list.

Making it through the application and examination process with the USPTO is your ticket to making history. But, the process can feel grueling due to the time and money you have to invest before getting a return on the investment. Find out today what value a local patent attorney can bring to this challenging situation.

What Is a Patent?

Patent law covers the many aspects of securing a patent. There are many legalities to understand, from copyrighting products and advertising, to the Lanham Act. Basically, a patent is a legal protection you secure through the U.S. Patent and Trademark Office, (USPTO), under intellectual property laws. A patent guarantees the exclusive right to use your intellectual property. It also helps enforce that no other person can make or profit off of something for which you have a patent.

Inventors can use the New Mexico State University’s PTRC to conduct research for their patent applications. Furthermore, innovators in Albuquerque can consider calling on the Texas Regional Office.

What Are the Types of Patents?

There are three different types of patents inventors can apply for. Each patent has stipulations and serves a different purpose.

  • Utility Patent – This is the most common type of patent. It is for new machines, processes/functions, and chemicals.
  • Design Patent – These patents are for securing a unique and new design of a manufactured item. Design patents protect from entities trying to capitalize on an invention by replicating and producing it.
  • Plant Patent – These types of patents are specifically for the invention of new plant varieties. The process must include asexual reproduction, meaning by means other than seeds.

What Can You Patent?

In reality, not everything you create qualifies for patenting. There are only certain types of intellectual property that fall under patent protection. Other intellectual property rights cover different creations. Here is a look at the types of inventions you can patent.

  • Process – Also referred to as a method, this is a new way of doing something. 
  • Machine – This is any material thing or device that has some sort of output, whether functionality or physical object.
  • Manufacture – This is the creation of a physical object.
  • Composition of matter – This is a mixture of chemical or biological compounds to create something new.

You can apply for a patent for whichever new device, method, or compound you create by applying to the USPTO. Once they accept your patent application and approve it, you have exclusivity rights to the invention for the next 20 years. However, a design patent period lasts for 14 years.

Difference Between a Provisional and Non-Provisional Patent

Albuquerque, NM inventors often file a provisional patent first, which is like a way of buying time to finalize an invention. Provisional patents last for a year, and the application process is simple. Once you file a provisional patent, you have exactly a year to convert it to a non-provisional patent. The latter is just another name for the formal and final patent.

How to Apply for a Patent in Albuquerque NM

The process of applying for a patent in Albuquerque, New Mexico is complex and detailed. You must meet all the requirements and submit every required piece of documentation to secure your patent. You must file your application with the USPTO.

The first part of the application process happens long before you complete any documentation. You need to research existing patents and compare them to what you’ve created.

The Albuquerque and Bernalillo County Public Library has recommendations for the research stage. An experienced patent attorney can also help with tasks like:

  • Coming up with synonyms for keywords to search
  • Going through classes and subclasses of your concept
  • Taking note of related patents

The ultimate goal is to feel confident that the application forms you submit present the best possible case. Achieving this goal is significantly easier with experienced legal counsel that knows what to do or avoid. This fact becomes particularly important when an examiner starts diving into the nitty-gritty details.

When Should I Hire a Qualified Albuquerque, New Mexico Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Albuquerque patent law lawyers can help you. He or she can assist with every step of the filing process and ensure that you include all the required information. Additionally, they may be able to guide you when it comes to navigating consumer laws, as well as help you avoid false advertising. This can prove especially valuable if you are trying to merge, or transform your invention into a business.

As discussed by The Business Professor, an attorney will be more competent than a first-time or novice filer. Understanding the process, in theory, is one thing. Knowing the realities that you will face is another.

Moreover, having a patent lawyer in Albuquerque means you have someone to vanguard your intellectual property. They can monitor the market for products that infringe on your patent and hopefully squash them shortly after they appear. Otherwise, others may profit from your concept for a significant amount of time before you notice.

Work with an Experienced Local Patent Attorney in Albuquerque, New Mexico

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Albuquerque attorney to discuss how he or she can help you. We can even help you connect with an attorney across New Mexico state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.