Patent Law in Hawaii

How would you feel if you spent years and thousands of dollars to secure a patent without success? This unfortunate reality can happen even with the best of advice and intentions.

Thankfully, inventors in Hawaii don’t have to go through this highly competitive process blind. You can obtain a patent with a clear-eyed path through often frustrating challenges. Discover the essentials and the benefits of having a patent lawyer by your side in the sections below!

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 from something for which you hold the patent.

The Hawaii State Library offers services and resources to those going through the application process. Otherwise, the nearest branch of the USPTO is the Silicon Valley 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 specific 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

Hawaii inventors often file a provisional patent first, which is 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 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 Hawaii

The process of applying for a patent in Hawaii 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.

Pendency data from the government shows an average of 24 months from application to final disposition. However, it can take up to three years or more for an inventor in Hawaii to secure their patent. The USPTO also provides a first office action estimator to help set expectations.

Meanwhile, you or your patent attorney will have to pay fees while completing tasks like:

• Correcting or submitting omissions

• Contesting an examiner’s objections

• Submitting a second application

• Appealing decisions with the Patent Trial and Appeal Board (PTAB)

When Should I Hire an Experienced Hawaii Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then  Hawaii patent law lawyers can help you. They 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.

You may have discovered that another individual or organization has infringed on your patent. Accordingly, your patent lawyer may send a cease and desist letter or start legal action. Unfortunately, Hawaii has seen its fair share of notable patent-related lawsuits recently. As reported by The Click, several major retailers agreed to a $13.1 million lawsuit for misusing Kona Coffee in 2022.

Work with an Experienced Local Patent Attorney in Hawaii

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

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