Patent Law in Fresno, CA

Have you heard of weed-killing robots that could replace the herbicides used in agriculture? According to KFSN, engineering students from Fresno State are close to making this miraculous invention a reality.

Whether you’re working on the next breakthrough in farming or otherwise, you should consider hiring legal counsel. Discover how to get started and what a local patent attorney has to offer by reading this article without delay.

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.

Fresno residents may consider contacting the Silicon Valley USPTO Office for more details. Moreover, inventors can use the Sacramento PTRC to research how their concept compares to others.

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

Fresno, CA 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 Fresno CA

The process of applying for a patent in Fresno, California 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 California Office of the Small Business Advocate recommends completing extensive research before starting your application. In particular, this due diligence needs to happen to ensure you’ve submitted a viable concept. This critical stage is where a Fresno patent attorney can add significant value to your efforts. They will have familiarity with the government’s preferences, as well as experience with these steps:

  • Brainstorming terms related to your invention
  • Verifying the relevancy of those classifications
  • Retrieving patent documents
  • Reviewing related intellectual property
  • Collecting current patent applications for comparison
  • Broadening the search to rule out other IPs

If you decide to move forward, your legal counsel will help you develop an application strategy. They will also help you respond to an examiner in a manner that reduces rejections or reapplications.

When Should I Hire a Qualified Fresno, California Patent Lawyer?

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

Additionally, inventors find the motivation to hire legal counsel after discovering infringement of their intellectual property. Depending on your business in Fresno, you may also need to fight patent trolls. No matter who tries to extort you for your success, civil action could be necessary.

Work with an Experienced Local Patent Attorney in Fresno, California

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