Patent Law in Houston, TX

Many are aware that the Houston Atros invented a new way to cheat in baseball, but in all seriousness, many wonderful inventions have come from the Houston area. AMLI states that the weed eater, condensed milk, and even silicone breast implants were all pioneered in Houston. If you have an invention or design you’d like to bring to market, you should protect it with a patent or trademark.

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.

Located in Dallas, the Texas Regional Office of the USPTO is the most likely place where inventors and entrepreneurs will file patent applications to protect their intellectual property. They also provide a Regional Event Calendar. This alerts inventors to sponsored events affiliated with the USPTO, such as workshops, classes, and networking opportunities.

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

Houston, TX 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 Houston TX

The process of applying for a patent in Houston, Texas 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.

According to the University of Texas Southwestern, no inventor should disclose their property before receiving a patent. If you choose to do so, you will have 1 year from the date of disclosure to receive your patent or risk losing your property. When researching for your application you must consider the following factors:

• Eligibility

• Novelty

• Obviousness

• Sufficient description

• Enablement

• Specificity of the claim language

• Patentable utility of the claimed invention

When filing for your patent, an experienced Houston attorney can help you be certain that you aren’t rejected on technicalities.

When Should I Hire a Qualified Houston, Texas Patent Lawyer?

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

AP News states that Houston patent holders have seen a gradual decline in frivolous patent suits over the last few years. This is in large part due to the laws passed cracking down on such practices. Nuisance patent suits are generally a way for scammers to attempt to extort money from you. The idea being, rather than going to court you can pay them a small fee to go away. However, there are certain indicators that the practice is trending upwards again.

An experienced Hosuton patent attorney is not only a great resource when filing your patent application, but he or she can help you enforce your patent rights. In addition, your patent attorney can help you attempt to recover any wages or profits lost that are a result of the patent infringement.

Work with an Experienced Local Patent Attorney in Houston, Texas

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

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