Patent Law in Kansas

No one should risk their work and property because of improper filing or a missed deadline. Patent law is a very particular section of the law. Therefore, you should seek the counsel of an experienced attorney in Kansas to make sure you protect what is yours, and get the full credit you deserve.

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 from something for which you hold the patent.

Inventors who are living in Kansas and seeking to develop a patent or trademark for their new invention can do so at the United States Patent and Trademark Office located in Wichita. Not only are you able to file for your patent, but you will be able to attend entrepreneurial workshops in your region. As well, you can become part of networking events with other inventors.

What Are the Types of Patents?

There are three different types of patents inventors can apply for. Each patent has specific 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

Kansas inventors often file a provisional patent first, which is 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 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 Kansas

The process of applying for a patent in Kansas 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 Kansas Secretary of State provides a valuable online guide to help you through the steps of filing a patent or trademark. Remember, it is imperative that you do your research so that you are not attempting to file a patent for an invention that already exists. You should:

• Be certain that your invention qualifies for a patent

• Be certain to document your work

• Contact an experienced Kansas patent attorney to help guide you through the process

In addition, the USPTO implores you to understand what type of patent you require. A utility patent is for anyone who has invented or discovered a new and useful process. A design patent is for anyone who has developed a new design for an article of manufacture. A plant patent is for anyone who invents, discovers, and asexually reproduces a new type of plant.

When Should I Hire an Experienced Kansas Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then  Kansas patent law lawyers can help you. They 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.

The Kansas State Courts recently adopted several measures pertaining to the way patent cases are tried. It is understandable, especially for inventors and entrepreneurs, to want to handle things on their own. But when it comes to patent law, your best course is to seek the expertise of an experienced patent attorney in Kansas.

Bad faith actors exist, whether we want to acknowledge this or not. A Kansas Patent attorney can help you protect your work, and may even save you money in the long run. If a bad faith actor infringes on your patent, you may be entitled to court costs, attorney’s fees, and even monetary damages.

Work with an Experienced Local Patent Attorney in Kansas

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

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