Patent Law in Burlington, VT
Did you know that the first U.S. patent went to a man from Vermont?
According to Vermont Living, Samuel Hopkins received a patent for his process for potash. Since then, citizens in Burlington and other parts of the state have continued this spirit of innovation.
It’s clear that successfully obtaining a patent can start a world-changing enterprise. So, discover how applications work today and how a local patent attorney can add value to the process.
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.
Inventors in Burlington will find that they have the resources to complete the application process. For instance, the UVM Patent and Trademark Resource Center offers consultations and help with 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
Burlington, VT 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 Burlington VT
The process of applying for a patent in Burlington, Vermont 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.
Organizations like Synectic Product Development are careful to identify what you need for your application. Even minor omissions or mistakes can lead to a rejection by the federal government. As a result, innovators from Burlington can find that having a patent attorney is a worthwhile decision.
Many potential complications happen due to the additional documentation you have to submit. For instance, at a minimum, you will have to include:
- Written specifications that describe the invention in enough detail that someone with similar knowledge could replicate it
- Specific claims about what the concept can accomplish
- Detailed drawings that reference what you’ve included in the claims section of the application
When Should I Hire a Qualified Burlington, Vermont Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Burlington 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, someone may use hardball legal tactics to protect a loosely connected patent and cease your business operations. In response, the Office of the Vermont Attorney General tries to alleviate this problem by going after patent trolls. But, you will almost certainly need legal representation to protect your interests.
Work with an Experienced Local Patent Attorney in Burlington, Vermont
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Burlington attorney to discuss how he or she can help you. We can even help you connect with an attorney across Vermont state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!