Patent Law in Great Falls, MT

Are you ready to protect your invention?

Dive into the world of patent law with us as we embark on a journey to protect your intellectual property. With our guidance and a referral to legal help, you’ll pave the way to success in Great Falls and beyond.

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.

Great Falls locals can find support through the USPTO satellite offices in Denver or Seattle. Both locations are within reach for consultation and guidance on patent applications.

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

Great Falls, MT 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 Great Falls MT

The process of applying for a patent in Great Falls, Montana 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.

Securing a patent involves a meticulous process. Firstly, the invention must demonstrate novelty, meaning it must be new and not previously disclosed. This requirement means thorough research to ensure no similar inventions exist. Additionally, the invention must exhibit non-obviousness, indicating that it is not a trivial advancement. This criterion evaluates whether someone skilled in the relevant field would find the invention obvious.

Next, inventions from Great Falls must possess utility, showcasing a practical application or function. It should offer tangible benefits or solve a specific problem. Moreover, the invention must have adequate descriptions in the patent application.

When Should I Hire a Qualified Great Falls, Montana Patent Lawyer?

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

Engaging a patent law attorney often happens when encountering patent infringement. In Great Falls, MT, legal professionals facilitate initial communications with the alleged infringer.

In the event of a successful court resolution, favorable outcomes may include reimbursement of attorney fees. Additionally, securing an injunction is common, preventing future patent infringement.

Work with an Experienced Local Patent Attorney in Great Falls, Montana

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

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