Patent Law in Austin, TX

Did you know that 3-D printing and the lithium-ion battery were invented in Austin? According to PolitiFact, Austin is number one in Texas in startups, venture capital, and patents. However, being first to invent or first to file does not guarantee patent success and profits. You need to have a deep legal understanding of the patent process. Working with an experienced Austin patent attorney can give you the edge you need to protect the legacy and profits of your invention.

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.

The USPTO Texas Regional Office, located in Dallas, serves Texas and seven other surrounding states. For additional support, Austin inventors can also access the Patent and Trademark Resource Center in Austin.

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

Austin, TX 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 Austin TX

The process of applying for a patent in Austin, Texas 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 Austin Chamber of Commerce, the Wall Street Journal named Austin the No. 3 Most Inventive City due to patent activity. In addition, Forbes ranked Austin No. 2 on the Forbes’ 2010 list of America’s Most Innovative Cities. Furthermore, Austin ranks 3rd in the top 14 US metros for patent activity on a per capita basis, and 11th for total patents awarded.

Despite these exciting and inspiring statistics, the patent application process is dense and complex. Fortunately, an experienced Austin patent attorney can guide you through the legalities involved. For example, you must provide a detailed description and drawings of your invention. Additionally, you must provide prior research, a fee, and an oath testifying you are the original inventor. Furthermore, the rigorous review process requires that you defend your application, typically with detailed, written responses.

When Should I Hire a Qualified Austin, Texas Patent Lawyer?

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

According to the Southeast Texas Record, Austin’s innovators are lucrative targets for patent trolls. Patent trolling is the process of filing a bad faith claim of patent infringement, hoping for a financial settlement. Some are worried that patent assertion fraud could destroy Austin’s blossoming tech hub. In fact, approximately 85% of the patent cases are lawsuits brought by patent trolls.

In response to the increasing threat of patent trolls, Texas enacted patent trolling legislation relating to bad faith claims of patent infringement. The legislation provides for a civil penalty not to exceed $50,000 for each violation. In addition, the law creates a criminal offense.

Work with an Experienced Local Patent Attorney in Austin, Texas

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

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