Patent Law in Billings, MT

Billings residents that are looking to bring their invention or design to market should consider protecting their property with a patent. While we don’t like to think of certain scenarios, there are bad faith actors who would infringe upon your right if given the opportunity. An experienced Billings patent attorney can help you protect your property.

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.

Residents of Billings looking to file a patent to protect their intellectual property must file with the United States Patent and Trademark Office (USPTO). An inventor in Billings might also consider filing with the Rocky Mountain Regional Office located in Denver. Specifically located in the Byron Rogers Federal Building, the regional office seeks to recruit diverse intellectual talent through the region and provide educational programs as well as feedback from investors.

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

Billings, MT 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 Billings MT

The process of applying for a patent in Billings, Montana 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.

The State Law Library of Montana provides resources for Billings residents seeking to file patents. When filing for your patent application you should always:

• Be certain that your invention requires and qualifies for a patent

• Be certain that an existing patent is not in place

• Consult with a patent attorney to decide what type of patent is required

You are under no obligation to hire an experienced patent attorney in Billings. However, this could be of great benefit to you. The Montana Secretary of State strongly recommends seeking the counsel of a patent attorney. Filing for a patent can be very complicated, and it is not uncommon for someone to file incorrectly. If this happens, your intellectual property is exposed to bad actors who may try to take it for their own.

When Should I Hire a Qualified Billings, Montana Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Billings 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 District Court in Billings presides over a patent case regarding the use of proprietary farm equipment, specifically an animal grooming tool. Under the name “Groom Ninja” a complaint was filed against a farm that was using a similar tool which is an animal grooming tool with a wave pattern blade teeth. The case is standing in Montana because the plaintiff does the majority of his business in the state.

Unfortunately, there is no shortage of bad faith actors that seek to infringe upon the patent rights of others. If a situation like this arises, this is when it could be most beneficial to have a Billings patent attorney by your side. He or she can help you navigate this process, and make sure that your patent rights are enforced.

Work with an Experienced Local Patent Attorney in Billings, Montana

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

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