Patent Law in Dallas, TX

The entrepreneurial spirit that drives Dallas inventors to create wonderful new products, can be the same that causes them to make a mistake like filing for a patent by yourself. A mistake in filing your patent application can leave your intellectual product exposed, and cost you valuable time. You can avoid such mistakes by hiring an experienced patent attorney in Dallas.

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 Texas Regional Office of the USPTO is located in Dallas. This location offers an Outreach Room that allows Dallas inventors, entrepreneurs, and educators to collaborate while maintaining access to the information and resources of the Regional Office.

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

Dallas, TX 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 Dallas TX

The process of applying for a patent in Dallas, Texas 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 University of Texas Southwestern breaks down the patent idling process for the uninitiated. When examining your application, the USPTO will consider several factors before granting you patent protection. These factors include, but are not limited to:

  • Eligibility
  • Novelty
  • Obviousness
  • Sufficient description
  • Enablement
  • Specificity of the claim language
  • Patentable utility of the claimed invention

When filing for your patent, an experienced Dallas attorney can help you be certain that you aren’t rejected on technicalities.

When Should I Hire a Qualified Dallas, Texas Patent Lawyer?

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

KDAF reports that a local Dallas man recently invented a portable urinal that allows truck drivers to urinate without having to stop at a rest area. Being a truck driver himself, the inventor wanted to find a way to save time as he made his scheduled trips. The invention is currently available for licensing through InventHelp’s Dallas sales office.

If you have an invention or design that you believe you can bring to market, you owe it to yourself to protect your property. An experienced patent attorney in Dallas can help enforce your patent rights, should anyone infringe upon them.

Work with an Experienced Local Patent Attorney in Dallas, Texas

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