Patent Law in Jacksonville, FL

Did you know that Florida resident John Gorrie invented air conditioning as early as 1842?

Do you live in Jacksonville and believe you have the next invention that’s ahead of its time? Then you will want to protect your future with intellectual property protection.

The application process can be grueling, especially if you’re unfamiliar with how it works. Accordingly, learn about the essentials in this article and how a patent attorney can help.

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.

The nearest Patent and Trademark Resource Center to Jacksonville is in Orlando currently. Inventors can also get in touch with the USPTO headquarters with simple questions.

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

Jacksonville, FL 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 Jacksonville FL

The process of applying for a patent in Jacksonville, Florida 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.

Before you get started on the paperwork, there’s a significant amount of preparation that should happen. Hiring counsel at this stage is beneficial because an ounce of prevention can save a pound of trouble. For example, you must build the strongest case possible that your invention is unobvious, novel, and useful.

Once an innovator in Jacksonville has confidence that they meet the proper criteria, they can move on to:

  • Choosing to apply for a plant, utility, or design patent
  • Considering the “what” strategy to use with the help of an attorney
  • Responding to notes on deficiencies or omissions from the government examiner
  • Documenting the receipt of intellectual property
  • Maintaining the right to the patent by making maintenance payments on-time

When Should I Hire a Qualified Jacksonville, Florida Patent Lawyer?

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

Alternatively, an entrepreneur in Jacksonville needs to take civil action to enforce their patent protection. While this effort doesn’t always involve a lawsuit, you may need to prepare to go to court.

Winning your litigation should result in an injunction that stops infringers from taking the same actions. Furthermore, you can receive damages for the income they cost your organization.

Work with an Experienced Local Patent Attorney in Jacksonville, Florida

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