Patent Law in El Paso, TX

Do you know the difference between a cost, market, and income approach to evaluating intellectual property?

As stated by the American Bar Association, an attorney can help you estimate how much revenue your invention can generate. While nobody can be exact, they may set expectations based on complicated models and market forces.

Do you believe you may have a million, billion, or even trillion-dollar idea? Find out how legal representation can help you secure your fortune below.

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 nearest institution that offers patent research opportunities is the Texas Tech Patent and Trademark Resource Center. Other inquiries about the process can go to the Texas Regional Office in Dallas.

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

El Paso, 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 El Paso TX

The process of applying for a patent in El Paso, 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.

Colleges like the University of Texas can help with understanding the activities involved. Depending on their offerings, they may also have a Patent and Trademark Research Center. Taking advantage of resources like this one is essential to ensuring you’ve submitted a patentable idea.

Gaining confidence in your invention can require the expertise of a local patent attorney. Furthermore, you may need assistance with the following steps:

  • Choosing to pursue a utility, design, or plant patent
  • Organizing an application strategy
  • Putting together your application documents and submitting them to the USPTO
  • Remedying any deficiencies identified by your examiner
  • Paying maintenance fees before your patent’s expiration date

When Should I Hire a Qualified El Paso, 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 El Paso 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.

Another way of evaluating your need for an attorney involves focusing on where you need the most help.

According to BarMax, patent attorneys focus on three tasks: litigation, transactions, and prosecution. The first element listed for their occupation centers around filing civil actions or arguing on your behalf in court. Subsequently, they can help you craft airtight contract agreements that prevent the loss of revenue. Last but not least, they will have the technical knowledge required to get an application through successfully.

Work with an Experienced Local Patent Attorney in El Paso, Texas

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