Patent Law in Cheyenne, WY

As an inventor in Cheyenne, you may be aware that applying for a patent is a time-consuming, complex, and competitive process.  However, you may not be aware that it also involves many legalities. Consequently, it is not surprising that patent applicants without legal assistance have a 76% abandonment rate. Discover how an experienced Cheyenne patent attorney can give you the guidance you need to go the distance and successfully secure a patent for your invention.

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.

If you live in Cheyenne, you can apply to the USPTO Rocky Mountain Regional Office in Denver, Colorado. Additional resources are available at the Patent and Trademark Resource Center in Cheyenne.

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

Cheyenne, WY 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 Cheyenne WY

The process of applying for a patent in Cheyenne, Wyoming 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 Wyoming State Library (WSL) in Cheyenne is a designated Patent and Trademark Resource Center. WSL provides a collection of patents issued from 1790 to the present. It is advisable to start the application process with a patent search, to determine the uniqueness of your idea. However, WSL recommends working with a patent attorney to help you perform this search properly.

Next, your application must include a detailed description of your invention, drawings, and prior research. Additionally, you must outline the claims which define the scope of your invention. The patent examiner will challenge your claims, and you must defend your application, typically with written responses. Be aware, you must also sign an oath asserting that you are the original inventor. Working with an experienced Cheyenne patent attorney can help streamline this process, which can take up to three years.

When Should I Hire a Qualified Cheyenne, Wyoming Patent Lawyer?

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

Patent infringement and licensing negotiations are only two of the many reasons to hire an experienced Cheyenne patent attorney. For example, you may become the victim of patent trolling, or patent assertion fraud. According to Forbes, patent trolls are a serious and growing problem in the US.

In 2016, Wyoming enacted legislation relating to bad faith assertion of patent infringement. Importantly, the legislation provides a private right of action for damages, In addition, the Wyoming Attorney General may enforce the law, investigate violations, and award injunctive relief.

Work with an Experienced Local Patent Attorney in Cheyenne, Wyoming

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

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