Patent Law in Indianapolis, IN

What would life be like without rear view mirrors, refrigerators, or sliced bacon? As reported by The Indianapolis Star, we wouldn’t have any of these things without local innovators.

Whether you’re a business leader or an independent inventor, you may have the next “big thing.” However, you may need legal representation to protect its future. By reading this article, you will have the opportunity to evaluate if hiring a patent attorney makes sense for your new enterprise.

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.

A local resource for inventors that need to conduct research is the Indianapolis PTRC. Additionally, you can reach out to the Midwest Regional USPTO for support.

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

Indianapolis, IN 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 Indianapolis IN

The process of applying for a patent in Indianapolis, Indiana 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.

An inventor in Indianapolis can benefit from legal counsel during any part of the process. In particular, having an attorney will help you avoid costly mistakes or omissions.

In total, the patent process involves eight steps. The stages include the following:

  • Finding out whether you should pursue a patent, trademark, servicemark, or copyright
  • Evaluating the patentability of your invention
  • Choosing the type of patent that applies the best to your concept
  • Preparing your strategy to complete the application
  • Submitting your completed documentation to the USPTO
  • Responding to deficiencies identified by the government examiner
  • Receiving and documenting the approval for your intellectual property
  • Checking on the status of the patent and paying maintenance fees

When Should I Hire a Qualified Indianapolis, Indiana Patent Lawyer?

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

As identified by Entrepreneur Magazine, filing a patent application without an attorney can be difficult. But, protecting your intellectual property through civil courts in Indianapolis is critical.

The federal government does not actively pursue infringement cases on its own. As a result, innovators and their attorneys must wield their patent like a sword. In effect, this effort also involves keeping a close eye on the latest developments in the marketplace.

Work with an Experienced Local Patent Attorney in Indianapolis, Indiana

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