Patent Law in Greenville, SC

You should do all that you can to protect your inventions or designs. We never like to think about someone taking advantage of us, but there are plenty of bad-faith actors looking for just such an opportunity. Seeking the counsel of an experienced patent attorney in Greenville may be your best course of action in taking every precaution to protect your property.

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.

Residents of Greenville seeking to protect their intellectual property will have to file a patent with the United States Patent and Trademark Office. According to South Carolina Statutes, patents are not used solely to protect intellectual property. The South Carolina Government has declared that inventors and entrepreneurs, along with the intellectual property they bring, fosters creativity and innovation. They also drive healthy competition that brings out the best in every individual involved.

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

Greenville, SC 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 Greenville SC

The process of applying for a patent in Greenville, South Carolina 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 South Carolina Research Authority provides webinars that help Greenville inventors when filing for a patent. This webinar series connects you with experts from across the U.S. to provide examples of their own failures and successes. Still, you should always do your research before filing for a patent. Ideally, you should make sure that your invention qualifies for patent protection. Then be sure that no patent exists for such an invention.

The University of South Carolina provides research resources through its Technology Commercialization Offices. When you file for your patent, you’ll also have to show documentation of your creative process. This can be achieved through written journals or even recorded videos. However, you should consider having the aid of an experienced patent attorney in Greenville. Any mistakes in filing could set you back in receiving your patent.

When Should I Hire a Qualified Greenville, South Carolina Patent Lawyer?

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

Greenville entrepreneur Julie Maddox helped bring down a patent scheme, according to GSA Business. A scammer in Latvia was sending fake patent renewal notices and had milked over $4 million from U.S. patent owners. Maddox, with the help of the authorities, exposed the scammer and helped bring him to justice.

Bad faith actors exist, and like it or not you should protect yourself and your property in every way imaginable. It may be in your best interest to seek out an experienced Greenville patent attorney to help you navigate these processes.

Work with an Experienced Local Patent Attorney in Greenville, South Carolina

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