Patent Law in Atlanta, GA
As an inventor, you may be aware that filing a patent is a time-consuming and legally complex process. However, you should also be aware that you must actively defend your application, which can be an adversarial and exhaustive process. Consequently, applicants without legal assistance have a 76% abandonment rate. Fortunately, an experienced Atlanta patent attorney can give you the guidance and competitive edge you need to successfully secure a patent.
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.
If you live in Atlanta, you can deal with the USPTO Eastern Regional Outreach Office (EROO). EROO is based out of USPTO Virginia Headquarters. For additional support, you can access the Patent and Trademark Resource Center in Atlanta.
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
Atlanta, GA 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 Atlanta GA
The process of applying for a patent in Atlanta, Georgia 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.
Georgia State University reports that your patent application must show that the invention is novel, useful, and not obvious. Specifically, the patent application must contain a detailed description of your invention, with claims that define the scope of the invention. Additionally, you must prove that the invention overcomes any problems associated with prior inventions. Furthermore, the application requires drawings, a submission fee, and an oath testifying that you are the inventor.
Upon review, you will have to provide detailed written responses to defend your patent. If you are successful, your patent will have a lifespan of 20 years. However, it can take up to three years to complete the application and defense process. Working with an experienced Atlanta patent attorney can keep your application on track, streamline the process, and successfully secure your patent.
When Should I Hire a Qualified Atlanta, Georgia Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Atlanta 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.
Protecting a patent can be as much work as securing a patent. This can be even harder when you are fighting a much larger and more powerful entity. An experienced Atlanta patent lawyer can help level the playing field and defend against patent infringement.
Atlanta Business Chronicle recently reported that a small, financially strapped Atlanta company is suing semiconductor giant Intel Corporation. Health Discovery is an intellectual property development company that produces innovation in machine learning and data analysis. The company is refiling a lawsuit against Intel to protect its sole ownership of SVM-RFE patents against infringement.
Work With an Experienced Local Patent Attorney In Atlanta, Georgia
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Atlanta attorney to discuss how he or she can help you. We can even help you connect with an attorney across Georgia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!