Patent Law in Boca Raton, FL

Do you live in the Boca Raton area, and are ready to share a new invention with the world?

According to the Cato Institute, a first-time patent can increase growth up to 79.5%. Therefore, having your intellectual property locked down and protected is a significant factor in your success. But, how do you get through the confusing and expensive process unscathed?

Many entrepreneurs discover they need a patent attorney to achieve their desired results. Discover what value they may offer to your circumstances in the paragraphs below.

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.

State and federal resources are available to anyone who wants to apply for a patent. For example, you can research intellectual property through the Miami-Dade Library System. Additionally, the federal government recommends contacting the USPTO headquarters.

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

Boca Raton, FL 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 Boca Raton FL

The process of applying for a patent in Boca Raton, Florida 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 process overview from the federal government outlines eight steps in a patent’s lifecycle. But, you don’t want to jump right into completing forms or creating diagrams. There’s a critical list of steps someone from Boca Raton should take before wasting time and money on a poor application.

A patent attorney can help you find your way through:

  • Picking the intellectual property protection that your invention requires
  • Researching and identifying patentability
  • Choosing between a plant, utility, or design patent
  • Creating an application strategy
  • Submitting your application with appropriate documentation and fees
  • Responding to feedback from your examiner
  • Paying maintenance fees on or before the deadline

When Should I Hire a Qualified Boca Raton, Florida Patent Lawyer?

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

Inventors in Boca Raton also need to protect their patents from infringement. Unfortunately, this task can be a moving target that becomes more difficult each year. For instance, the National Law Review points out that continued uncertainty means patent litigators will continue to be busy.

With luck, you will not have to take an individual or organization to court to stop their operations. Regardless, your insistence on their infringement will often need legal backing to carry any weight.

Work with an Experienced Local Patent Attorney in Boca Raton, Florida

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