Patent Law in Gainesville, FL

Do you believe that you have what it takes to become part of the Florida Inventors Hall of Fame?

In 2021, the inductees included research leaders, a professor, and a CEO. But, there’s no reason that you can’t join them shortly.

Whether you’re applying for the first time or the hundredth, you may need legal counsel. Alternatively, your organization may face challenges with patent trolling. No matter what you’re looking for today, you can find your way to critical answers through 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 physical location to research existing patents for Gainesville residents is the Orlando PTRC. Furthermore, you can contact the USPTO headquarters for any offerings from the federal government.

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

Gainesville, FL 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 Gainesville FL

The process of applying for a patent in Gainesville, Florida 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 U.S. Chamber of Commerce anticipates that patent applications will take up to 30 months to resolve. On top of that, you could wait 13 to 18 months before the first office action occurs. Subsequently, it is critical to respond promptly and accurately when your turn comes around.

Accomplishing this task effectively can require the experience of a patent attorney from Gainesville to have success. Especially if this application is your first attempt, you can need help with any of these phases:

  • Gaining an understanding of similar patents
  • Developing the application
  • Paying fees and submitting the application to the USPTO
  • Taking part in the examination stage
  • Maintaining rights to your intellectual property by paying fees

When Should I Hire a Qualified Gainesville, Florida Patent Lawyer?

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

Entrepreneur Magazine points out that it’s wise for a startup to hire legal counsel to develop IP assets. They can do much more than get you through the application process efficiently. At times, you may need a happy warrior to protect your enterprise in Gainesville.

After all, having legal protection against infringement is only as good as its enforcement. You have to police the market yourself, and that’s an endeavor that will require a patent lawyer.

Work with an Experienced Local Patent Attorney in Gainesville, Florida

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