Patent Law in Edison, NJ

As reported by NPR, New Jersey has a history of innovation. Famous names like Thomas Edison, Albert Einstein, and Les Paul have called the state home.

Are you ready to add your name to this list? Find out how a patent attorney in Edison can help you reach that goal. After all, perhaps your invention will inspire locals to rename the town after you!

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.

You can conduct research for your application through the Newark Public Library. This institution has served as a Patent and Trademark Resource Center since 1906. For more information from the federal government, you can contact the USPTO headquarters.

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

Edison, NJ 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 Edison NJ

The process of applying for a patent in Edison, New Jersey 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 New Jersey Business Action Center stresses the importance of conducting research before applying for a patent. They also set the general expectation that the process will take around 25 months.

When it’s time to respond to notes from an examiner, you will have to act promptly and without error. This type of pressure can feel overwhelming for an innovator from Edison. With potentially thousands of dollars in fees on the line, having a patent attorney can feel like a wise investment. Legal counsel can help you gain confidence in any of the following steps published by the USPTO:

  • Establish the type of intellectual property you want to pursue
  • Confirm that you have a patentable invention
  • Select between a plant, utility, or design patent
  • Prepare an application strategy that best suits your concept
  • Submit a complete application
  • Respond to your examiner’s office actions
  • Secure approval
  • Remit maintenance fees before expiration

When Should I Hire a Qualified Edison, New Jersey Patent Lawyer?

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

Even if it’s not a legal requirement, Entrepreneur Magazine asserts that hiring a patent attorney is worthwhile. Cutting corners while building a business that relies on intellectual property is risky. Poachable patents, ill-conceived agreements, and leaky contracts can bury a fledgling enterprise in Edison quickly.

Work with an Experienced Local Patent Attorney in Edison, New Jersey

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