Patent Law in Cincinnati, OH
Do you dream of being a celebrated member of the Inventor’s Council of Cincinnati? Do you look forward to National Inventors’ Day every year? Bringing new ideas to fruition can be exciting and financially rewarding work. However, the patent application process can be discouraging without a deep understanding of the legalities involved. Read on to see why hiring an experienced Cincinnati patent attorney can be the difference between patent success and failure.
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.
The USPTO Headquarters are in Alexandria, Virginia. However, the USPTO Midwest Regional Office also serves Ohio inventors. If you live in Cincinnati, you can access additional resources at the Cincinnati Patent and Trademark Resource Center.
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
Cincinnati, OH 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 Cincinnati OH
The process of applying for a patent in Cincinnati, Ohio 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.
According to the Cincy Reporter, there were 10 patents granted for Cincinnati inventors in the week ending May 21, 2022. Additionally, for these patents, the longest time between filing and approval was 2,993 days. This particular patent was filed by Conscious Dimensions on March 7, 2014 and approved on May 17, 2022.
This timeline illustrates the complexity of the application process. For example, your application must include a detailed description of your invention, along with drawings. Additionally, you must provide prior research and show how your idea solves any problems that existed in prior inventions. Furthermore, you must sign an oath testifying that you are the original inventor. Working with an experienced Cincinnati patent attorney can help streamline the process and safeguard future profits.
When Should I Hire a Qualified Cincinnati, Ohio Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Cincinnati 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.
Once you secure a patent, you will have many reasons to hire an experienced Cincinnati patent attorney. For example, legal representation is key to the successful negotiation of profitable licensing agreements. Additionally, your attorney can protect your patent from patent infringement. If you go to court and win, you can receive payment for attorney’s fees and monetary damages based on royalties.
Patent trolling also requires legal assistance. According to the National Conference of State Legislatures, patent trolling is the process of filing a claim of patent infringement against an entity. Patent trolls file claims in bad faith, hoping that the entity being sued will settle to avoid expensive litigation costs. While Ohio proposed patent troll legislation in 2014 and 2015, neither bill has passed yet.
Work with an Experienced Local Patent Attorney in Cincinnati, Ohio
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Cincinnati attorney to discuss how he or she can help you. We can even help you connect with an attorney across Ohio state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!