Patent Law in Boise, ID

Are you familiar with the name Philo T. Farnsworth? As reported by BoiseDev, he was the first person to create a TV tube. Unfortunately, he did not receive the credit he deserved at the time. However, our homes would not be the same without his incredible innovations.

Are you concerned that you have a bombshell invention that could go unnoticed? The Patent application process can be expensive, lengthy, and ultimately disappointing. But, Boise inventors with a novel concept that can change our lives should pursue protection for their intellectual property with gusto. Discover today how a local patent attorney can help you achieve this tremendous accomplishment.

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 governments have an interest in helping citizens obtain intellectual property. Accordingly, the Idaho Patent and Trademark Resource Center offers help with the necessary research.

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

Boise, ID 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 Boise ID

The process of applying for a patent in Boise, Idaho 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.

Patents Pendency Data suggests that applications wait 19 months for a First Office Action. When your turn arrives, how and when you respond is critical. Without the experience of a patent attorney, inventors in Boise may have to start over again because of a minor mistake.

The overall cycle that legal counsel will assist you with includes:

  • Searching public disclosures for similar concepts
  • Choosing to pursue a plant, design, or utility patent
  • Identifying a successful application strategy
  • Filing and paying the application fees
  • Responding to the examiner’s requisitions
  • Receiving approval, paying maintenance, and filing for a non-provisional patent

When Should I Hire a Qualified Boise, Idaho Patent Lawyer?

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

Alternatively, there’s an ever-present possibility that you could face a patent infringement lawsuit.

This type of legal action has even made headlines in Boise. For example, KTVB reported that Micron Technology has to defend itself against litigation from Bell Semiconductor.

Losing a case like this could result in an injunction against the local tech giant. Or, they could have to settle for millions of dollars to continue business uninterrupted.

Work With an Experienced Local Patent Attorney In Boise, Idaho

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Boise attorney to discuss how he or she can help you. We can even help you connect with an attorney across Idaho 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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How Much Does This Cost?

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