Patent Law in Cleveland, OH

Did you know that Cleveland businessman Coburn Haskell secured a patent for the modern golf ball in 1899? His rubber-wound golf ball would go on to have a profound impact on the sport. How exciting it is to create a product that is not only profitable, but also goes down in history. However, filing a patent is a challenging and competitive process. Discover how an experienced Cleveland patent attorney can give you the best chance to “score a hole-in-one” and 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.

The USPTO Midwest Regional Office serves inventors in Cleveland and across Ohio. Additionally, the Cleveland Patent and Trademark Resource Center is conveniently located in downtown Cleveland.

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

Cleveland, 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 Cleveland OH

The process of applying for a patent in Cleveland, 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 Ohio Bar, securing a patent can be one of the more daunting endeavors associated with entrepreneurship. Moreover, the Leahy-Smith America Invents Act changed the owner of an invention from “first to invent” to “first to file” a patent application. Consequently, hiring an experienced Cleveland patent attorney will help ensure your patent application process goes as smoothly and quickly as possible.

To begin the application process, it is advisable to do a thorough patent search to determine if your idea is unique. The application must include drawings, and a detailed description of your invention. Additionally, you must make claims that define the scope of your invention. Furthermore, you must sign an oath, declaring that you are the original inventor. Keep in mind, you must be prepared to defend any claims you make with written responses.

When Should I Hire a Qualified Cleveland, 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 Cleveland 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.

If you own a patent in Cleveland, you can receive royalties from patent licensing agreements. These legal contracts give other entities permission to utilize your work. Keep in mind, there are numerous state and federal laws surrounding these contracts. Consequently, achieving a stable and profitable license is not a simple process.

First, you must assess the licensing opportunities. Then, you must prepare for negotiations, create non-disclosure agreements, and negotiate the actual agreement. Furthermore, the agreement may require ongoing enforcement. Working with an experienced Cleveland patent attorney can help protect the life and profitability of your patent.

Work with an Experienced Local Patent Attorney in Cleveland, Ohio

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Cleveland 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!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.