Patent Law in Idaho Falls, ID

Did you know that Idaho Falls was home to the inventor of dehydrated potato flakes?

You will need patent protection if you have a new food, medicine, or gadget. Unfortunately, the application process can be a significant barrier for first-timers or the inexperienced.

That doesn’t mean you have to go on this journey alone. If you want to add your name to a list of local accomplishments, a patent attorney can help you get there. Don’t delay and discover how and why they can be worth the investment 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.

Inventors in Idaho Falls may use the University of Idaho College of Law Library to complete research. Additionally, they may want to contact the Rocky Mountain Regional Office with basic inquiries.

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

Idaho Falls, ID 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 Idaho Falls ID

The process of applying for a patent in Idaho Falls, Idaho 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 current cycle, the first step before applying is learning about patents. In particular, you want to prove that you have a novel concept. Any invention that’s too similar to another may not make it through the process.

Subsequently, there is preparation work that needs to happen. Developing your application strategy can benefit significantly from legal experience in Idaho Falls. Otherwise, you may focus your efforts in a direction examiners do not see as relevant.

The waiting game begins once you’ve filed your application and paid the fees. Around a year and a half later, you will have to respond to an examiner’s notes promptly. Assuming that this goes well, you will receive the patent protection that can build your fortune.

When Should I Hire a Qualified Idaho Falls, Idaho Patent Lawyer?

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

When your business in Idaho Falls depends on intellectual property, you will need an attorney to protect those assets. You may not even have to go to court. A cease-and-desist letter can let infringers know that they’re at risk of a costly lawsuit.

It’s also not unusual for a business to need to defend itself against alleged infringement. These situations can become high-stakes quickly. For example, U.S. News reported that Idaho-based Micron Technology is the defendant in a lawsuit filed by Bell Semiconductor.

Work with an Experienced Local Patent Attorney in Idaho Falls, Idaho

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