Patent Law in Bakersfield, CA

Did you know that a Bakersfield nursing student invented hand sanitizer in 1966? Inventors dream of creating a product that is not only lucrative, but also contributes to society. However, filing a patent application is a lengthy and legally complex process. Not only are you competing with other applicants, but you must also survive a rigorous review process. Read on to see why hiring an experienced Bakersfield patent lawyer can turn your dreams of securing a patent into a reality.

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.

Bakersfield inventors applying for patents can deal with the USPTO Silicon Valley Regional Office, located in San Jose. Additionally, the closest Patent and Trademark Resource Centers are located in Los Angeles and Riverside.

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

Bakersfield, CA 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 Bakersfield CA

The process of applying for a patent in Bakersfield, California 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 Kern County Times, the longest time between filing and receiving a patent in Bakersfield is 399 days. This particular patent was filed by International Fruit Genetics for a sweet cherry tree. The company filed the patent on November 24, 2020 and it was approved on December 28, 2021. However, not all patent filings go as quickly. In fact, securing a patent can take up to three years.

An experienced Bakersfield patent attorney can guide you through this highly competitive, and legal process. Specifically, the application requires detailed descriptions and drawings of your invention. Additionally, you must submit prior research, and an oath asserting that you are the original inventor. Finally, you must defend your application claims, typically with detailed, written responses.

When Should I Hire a Qualified Bakersfield, California Patent Lawyer?

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

Owning a patent for your invention in Bakersfield gives you valuable property rights. Moreover, you can receive royalties from patent licensing agreements that give other permission to utilize your work. However, there are many steps to achieving a stable and profitable license. These steps generally include assessing license opportunities, preparing for negotiations, and negotiating the agreement. Furthermore, the final agreement may require ongoing enforcement. Hiring an experienced Bakersfield patent attorney can help you find the right licensing partner to maximize the life and profitability of your patent.

Work with an Experienced Local Patent Attorney in Bakersfield, California

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