Patent Law in Evansville, IN

A spirit of individuality has led to some of the greatest inventors and entrepreneurs in Evansville. However this same spirit may cause you to try and file a patent for your work rather than seek the services of an experienced Evansville patent attorney. This may not be the best way to protect your intellectual property, and bring it to the market.

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.

Evansville inventors will generally file their patent applications with the Midwest Regional Office of the United States patent and Trademark Office. This is the first crucial step in protecting your intellectual property. However, you can also avail yourself of the resources located in Evansville. You can use the William H. Miller Law Library and the resources it offers, to conduct your patent research.

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

Evansville, IN 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 Evansville IN

The process of applying for a patent in Evansville, Indiana 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 Indiana Department of Business encourages all entrepreneurs and inventors to patent or trademark their designs. You’ll need to establish which type of patent you are applying for, as your intellectual property could fall into 1 of 3 categories. Either a utility patent, design patent, or plant patent. Utility patents are generally known as a “patent for invention” and are designed to protect a new, or improved, product, process, or machine.

Before filing your patent, you should be sure to do your research and establish that a patent for your invention does not already exist. In addition, you should consider seeking the counsel of an experienced patent attorney in Evansville to help with your filing. A simple mistake can set back the timing of your patent, and could even allow someone else to file a similar patent.

When Should I Hire a Qualified Evansville, Indiana Patent Lawyer?

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

You should remember that the patent process takes time. SW Indiana News reports that the longest time between application and a granted patent in Evansville was 1,162 days. In addition to this, more than 50% of patents and their applications expire due to costs. This statistic comes from the Center for Intellectual Property and Entrepreneurship.

An Evansville patent attorney may be the safest way to file for your patent, and to enforce your patent rights. If a bad faith actor infringe upon your rights, your patent attorney can file for injunctive relief, and even pursue monetary damages if you have suffered loss.

Work with an Experienced Local Patent Attorney in Evansville, Indiana

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

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.