Patent Law in Dayton, OH

We’ve all had that one truly great idea. But inventors in Dayton that make their idea a reality in the form of an invention or a design should be very careful in protecting their work. If you do not properly file and receive patent protection, someone else can take your work and monetize it. This is when seeking an experienced patent attorney in Dayton could be most beneficial.

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.

An event calendar is provided by the U.S. Patent and Trademark Organization that serves to provide opportunities for inventors in Dayton. The events include sessions on properly filing patents, as well as talkbacks with other accomplished inventors. Dayton residents can also receive help with their inventions from the Midwest Regional Office of the USPTO.

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

Dayton, 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 Dayton OH

The process of applying for a patent in Dayton, 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.

The Ohio State Bar confirms that there is no grace period if you are attempting to patent your work in a foreign country. In order for your work to be protected in other countries, you must obtain a patent before the property is brought to market, or mentioned in a publication. You’ll need to be certain such a patent does not already exist, and secure the correct type of patent, whether it is utility, design, or plant.

The Dayton Metro Library encourages you to attend a patent and trademark clinic. For inventors and entrepreneurs alike, it is important to understand as much of the patent and trademark process as possible. Still, your best option may be to hire an experienced patent attorney in Dayton so that there are no mistakes made in the filing process.

When Should I Hire a Qualified Dayton, 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 Dayton 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.

According to the Dayton Daily News, Proctor and Gamble sued a Utah based manufacturing company for patent right infringement. The lawsuit revolved around the Utah company selling versions of Crest White Strips, which are patented by P&G. Court records state that the suit was carried out in order to protect the “significant investment made in research and design of the strips”.

The University of Dayton recently hosted representatives from the USPTO for an intensive discussion surrounding patent law. Inventors in Dayton that believe their patent rights have been infringed upon should contact an experienced patent attorney immediately. Your attorney can help stop the infringement, as well as pursue monetary damages if you have lost income due to the infringement.

Work with an Experienced Local Patent Attorney in Dayton, Ohio

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

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