Patent Law in Arizona

Filing a patent is what protects your intellectual property from bad actors who may try to take it for their own. An experienced patent attorney in Arizona can help you navigate the filing process. He or she will also be able to defend your patent rights should someone attempt to infringe upon your invention or design.

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 from something for which you hold the patent.

Residents of Arizona have access to the U.S, Patent and Trademark Office to project their inventions and intellectual property. You can also use the USPTO to network with other inventors and entrepreneurs. Additionally, the Arizona State Law Library also provides an online guide that gives inventors a thorough explanation of patent hurdles. As well, the guide contains info on the appropriate times to file a patent application.

What Are the Types of Patents?

There are three different types of patents inventors can apply for. Each patent has specific 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

Arizona inventors often file a provisional patent first, which is 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 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 Arizona

The process of applying for a patent in Arizona 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.

According to the University of Arizona, it is easy to improperly file a patent application if you do not receive the proper guidance. This can open you up to a bevy of negative consequences. In fact, someone else could swoop in and patent your idea. While not strictly necessary, it is generally in your best interest to seek the counsel of an experienced patent attorney in Arizona to help you establish the legal protections necessary for your intellectual and physical property.

Luckily, AZ Big Media provides a few simple steps to walk you through the patent process. You must:

  • Research that no one already holds a patent for this product
  • Decide what type of patent you need
  • Decide if you need a domestic or international patent
  • Consult with an Arizona patent attorney
  • File your patent application

When Should I Hire an Experienced Arizona Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then  Arizona patent law lawyers can help you. They 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 Arizona State Legislature enacted Title 44 to prevent the theft and abuse of intellectual property. History is rife with situations where unscrupulous actors steal someone else’s ideas or inventions and pass them off as their own. To prevent this, or fight against it if it happens, you should seriously consider seeking the counsel of an experienced Arizona patent lawyer.

AZCentral breaks down the process and likelihood of someone stealing a business idea. While not as common as minor theft or burglary, idea theft still happens, and it can be devastating. Make the best decision to protect yourself, and your property with the help of a patent attorney.

Work with an Experienced Local Patent Attorney in Arizona

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