Patent Law in Fort Wayne, IN

According to Patent Rebel, one of the main reasons that inventors have their patent applications fall through is due to errors during the application process. In fact, only 52% of applications are approved each year. It may be in the best interest of protecting your intellectual property to hire an experienced patent attorney so these mistakes don’t cost you your patent.

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.

Patent applications filed by inventors or entrepreneurs in Fort Wayne are generally filed with the Midwest Regional Office of the United States Patent and Trademark Office. This is the first crucial step in protecting your intellectual property. Fort Wayne inventors can also use the resources provided by the Allen County Law Library. In addition, the USPTO provides a list of all resources by state.

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

Fort Wayne, 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 Fort Wayne IN

The process of applying for a patent in Fort Wayne, 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.

Trademarking and patenting your intellectual property is encouraged for all inventors and entrepreneurs in Fort Wayne. This is according to the Indiana Department of Business. Before filing your patent, you should be sure to do your research and establish that your invention or design qualifies for a patent. In order to qualify, your intellectual property must be new, useful, and non-obvious. You should then make sure that a patent for this invention does not already exist. The University of Indiana also offers its resources for inventors seeking to trademark or patent their intellectual property.

When Should I Hire a Qualified Fort Wayne, 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 Fort Wayne 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.

The Herald Republican states that Fort Wayne courts recently heard a case of patent infringement between Cumulus Media Inc. and Angola Local Radio Networks LLC.  Cumulus alleges that their patents are being infringed upon regarding technology that allows a radio station to play 24/7 music content without human input. Before filing suit, Cumulus sent a cease and desist letter to Angola that was ignored as they continued to use the technology.

Patent infringement may not always be purposeful, but that does not lessen the very real damages that you can incur. If your patent rights are being infringed upon, you may want to hire an experienced patent attorney in Fort Wayne to get relief. Your attorney may also pursue damages if you have lost money to the infringement upon your intellectual property.

Work with an Experienced Local Patent Attorney in Fort Wayne, Indiana

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