Patent Law in Eugene, OR

As reported by The Oregonian, the innovative spirit of a track coach led to the creation of Nike. While having a worldwide brand takes most of the attention, there are more inventions yet to come from the city.

Are you that person with the next “big thing?” If so, you may need to start thinking about how a patent lawyer fits into your plans. Discover the essentials about the application process and other concerns in this article.

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 patent office that can support inventors in Eugene is the Silicon Valley USPTO. Locals should also consider seeking out a Patent and Trademark Resource Center.

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

Eugene, OR 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 Eugene OR

The process of applying for a patent in Eugene, Oregon 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.

As asserted by the Oregon State Bar, legal counsel should stress the importance of a novelty search before applying. The purpose of taking this step is to evaluate how the examination guidelines may apply to your invention. In particular, a patent attorney will assess how an examiner will judge it for being novel, unobvious, and useful.

In total, its advisable to engage with a lawyer in Eugene during any of these five phases:

  • Studying patents
  • Getting ready to fill out the application
  • Giving payment for fees and submitting documents
  • Participating in the examination
  • Maintaining your right to your intellectual property

When Should I Hire a Qualified Eugene, Oregon Patent Lawyer?

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

However, it’s worth noting that the Oregon State Bar considers a patent to be more like a sword than a shield. The government doesn’t prosecute these issues, so it’s up to an IP holder in Eugene to take civil action. Consequently, a business needs to remain vigilant about infringement to protect their interests.

Work with an Experienced Local Patent Attorney in Eugene, Oregon

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