Patent Law in Allentown, PA

According to The Culture Trip, Pennsylvania is home to some of America’s greatest and most-used inventions. We can all thank the state for bifocals, revolving doors, and bubble gum!

Are you ready to add your invention to an impressive list of innovations? Accomplishing this feat can lead to a wealth of riches, prestige, and a legacy to hand to the next generation.

But, the path is long and filled with potential time and money-wasting pitfalls. Find out how an attorney in Allentown can help you avoid problems and achieve your dreams in this article today.

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.

State and federal resources are available to inventors in Allentown seeking a patent. For example, you can use the Free Library of Philadelphia for research or contact the USPTO headquarters.

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

Allentown, PA 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 Allentown PA

The process of applying for a patent in Allentown, Pennsylvania 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.

Inc. Magazine outlines eight steps to obtaining a patent from the federal government.

A patent attorney can be critical to the application’s success during each stage. For example, inventors in Allentown can benefit from their experience for any of the following tasks:

  • Meeting with legal counsel to discuss options
  • Filing for a provisional patent
  • Prepping material to complete the application
  • Reviewing and completing the paperwork
  • Participating in responding to the examiner’s feedback

When Should I Hire a Qualified Allentown, Pennsylvania Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Allentown 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.

The Free Library of Philadelphia reports that while an attorney is not legally required, they are practically necessary. In part, this advice is due to the fact that experience pays when Allentown residents file for a patent.

Moreover, your fledgling enterprise may not have to wait as long to start capitalizing on your success as it would otherwise. And when someone infringes on your intellectual property, you will have someone who can file civil actions right away.

Work with an Experienced Local Patent Attorney in Allentown, Pennsylvania

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

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

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