Patent Law in Kentucky

Kentucky inventors should do all they can to protect their inventions, their designs, or their discoveries. It is not unheard of for bad faith actors to try and take someone else’s work to benefit their notoriety, and their wallet. This is why an experienced patent attorney in Kentucky is paramount to protecting your inventions.

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.

The Kentucky branch of the United States Patent and Trademark Office is available for those in Kentucky who are looking to protect their designs and intellectual property. The Louisville Free Public Library boasts several resources to help inventors and entrepreneurs do their patent research to determine if a patent is needed. Or to determine if the invention already exists. You can also find information to help with your patent research at the University of Louisville Library.

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

Kentucky 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 Kentucky

The process of applying for a patent in Kentucky 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 University of Kentucky provides an online guide to help those seeking to protect their intellectual property. This guide covers not only patents and licensing, but also confidential disclosure agreements, online disclosures, and royalties derived from the monetary gain generated by the invention or discovery.

When filing, it is always best to have an experienced Kentucky patent attorney by your side. He or she can help you avoid pitfalls that may set back your patent, or allow an unscrupulous actor to take advantage of your misstep and claim that your invention is actually their work. Ideally, you should document all your work, either through notes or video recording. You can save these recordings to your personal cloud or on a separate hard drive. Also, remember to ascertain which type of patent you need.

When Should I Hire an Experienced Kentucky Patent Lawyer?

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

Business Journal reports that Kentucky is among the first states to have launched an intellectual property alliance. This means that under Kentucky’s new laws, an umbrella protection is now extended not only to patents and trademarks, but also innovations, copyrights, and trade secrets. This movement was spearheaded by Ian McClure who moved back to his native Kentucky after working in the technology sector in Chicago, San Francisco, and Tokyo.

If someone infringes upon your patent or trademark rights, you should immediately seek the counsel of an experienced patent attorney in Kentucky. You have the right to defend your property, and if the infringement continues, you may have the right to monetary compensation. Your Kentucky patent attorney can help you get what you deserve.

Work with an Experienced Local Patent Attorney in Kentucky

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 Kentucky state lines.

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