Patent Law in Jersey City, NJ

The New Jersey Chamber of Commerce ranks Einstein, Edison, and Waksman as the top three innovators in state history. At least, thus far that is. Do you believe you have an invention that will place you in this elite company?

Hiring a patent attorney from Jersey City can help you achieve your loftiest goals. Uncover the basics of the application process and other concerns below so you can take your place in history.

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 Jersey City can consider using the Newark PTRC to complete their research. In addition, you can contact the USPTO headquarters with questions about the process or available programs.

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

Jersey City, NJ 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 Jersey City NJ

The process of applying for a patent in Jersey City, New Jersey 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 New Jersey Department of State estimates that obtaining a patent will take around 25 months. However, this rough estimate depends on several critical factors. The complexity of your invention, the backlog of applications, and mistakes or omissions can extend this timeline.

Overall, a patent attorney in Jersey City can provide their experience with these requirements:

  • Establish the type of intellectual property to pursue
  • Decide whether you have a patentable concept or not
  • Assemble an application strategy with legal counsel
  • Draw up diagrams and submit documentation to the government
  • Collaborate with the government examiner
  • Acquire approval documents
  • Sustain your intellectual property by paying renewal fees on-time

When Should I Hire a Qualified Jersey City, New Jersey Patent Lawyer?

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

Online publications like point out factors to consider beyond the application process. For inventors, contract drafting can make or break their bottom line. You may create problematic situations due to loopholes or omissions without an attorney.

Moreover, the effectiveness of enforcing patent protections depends on the strength of your legal team. Businesses in Jersey City have to pursue civil remedies on their own because the government doesn’t prosecute these matters.

Work with an Experienced Local Patent Attorney in Jersey City, New Jersey

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