Patent Law in Green Bay, WI

Green Bay is the home of a particularly telling distinction in patent history. According to local news sources, Barry-Wehmiller, Inc. waited longer than anyone else for the approval of its application.

Currently, inventors wait a year and a half before the first action happens from the federal government. When your turn arrives, it may be critical to engage with legal counsel. Discover the benefits and essentials of working with a patent attorney in our article today.

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.

Ensuring you have a patentable invention will involve research at institutions like the Madison PTRC. Inventors in Green Bay can also contact the Midwest Regional U.S. Patent and Trademark Office.

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

Green Bay, WI 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 Green Bay WI

The process of applying for a patent in Green Bay, Wisconsin 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.

However, there’s plenty of prep work before filling out forms. As reported by Inc. Magazine, searching the USPTO database is a great way to investigate whether you have a novel idea.

Making a series of informed decisions before starting the application process is necessary. Beyond assessing your odds of success, a patent attorney in Green Bay can lend their expertise to:

  • Choosing which intellectual property protection works best
  • Conducting research to find out if your invention is patentable
  • Picking between three types of patents – plant, design, and utility
  • Organizing a strategy with legal counsel
  • Putting together your completed application
  • Answering feedback from the examiner
  • Obtaining your approval from the federal government
  • Giving payment to the USPTO for renewals

When Should I Hire a Qualified Green Bay, Wisconsin Patent Lawyer?

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

Overall, noted publications like Inc. Magazine suggests hiring an attorney if it’s your first time applying. Without experience, it’s easy to make even minor mistakes that can result in a reapplication. Of course, that would mean having to repay fees as well.

Finally, a Green Bay patent owner must defend their intellectual property against infringement. This effort can involve monitoring the marketplace and taking action right away. This reason alone is why some companies choose to retain a patent attorney on staff.

Work with an Experienced Local Patent Attorney in Green Bay, Wisconsin

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