Patent Law in Honolulu, HI
Hawaii inventors have created an array of products, such as safety measures for opening knives. One of the more famous inventions to come from the Aloha state is an automated machine that cores pineapples created by an inventor for James Dole. Honolulu inventors also have much to offer from their inventions and designs. But, each inventor should make sure to patent the work they do so that it cannot be taken or misused by anyone.
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 Honolulu will more than likely file their patent application with the Silicon Valley Regional Office of the USPTO. However there are resources to be found in Honolulu that can help tremendously. The Hawaii State Public Library offers the use of their patent and trademark system. Inventors can also avail themselves of the workshops and events sponsored by the USPTO in Honolulu.
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
Honolulu, HI 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 Honolulu HI
The process of applying for a patent in Honolulu, 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.
The University of Hawaii at Manoa provides a thorough breakdown of the patent process. You should be certain before you invest time and money that your invention or design is eligible for a patent. You should also conduct thorough research to be certain that your invention has not already been patented. Remember, there are currently over 9 million existing patents in the U.S. alone.
Once you have done your research, you should know that patents can be filed electronically. The EFS-Web filing is safe, simple, and provides you with the ability to track your progress online. However, it may be best to hire an experienced Honolulu patent attorney to handle your application.
When Should I Hire a Qualified Honolulu, 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 Honolulu 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.
AM 690 reports that Bell Semiconductor has filed a patent suit against Micron Technology. The suit claims that Micron, a manufacturer of computer chips, is being sued for using a process to make semiconductors. The suit alleges that the process is patented to Bell, a Pennsylvania based company, and therefore Micron is in violation of the law.
An experienced Honolulu patent attorney is essential to enforcing your patent rights. If you have suffered monetary loss due to patent infringement, you may be entitled to compensation, as well as damages, depending upon the circumstances. Your attorney may also be free to pursue court costs, as well as attorney fees.
Work with an Experienced Local Patent Attorney in Honolulu, Hawaii
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Honolulu 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!