Patent Law in Las Cruces, NM

According to ThoughtCo., a long list of innovators have come from New Mexico. The cartoonist William Hanna, physicist Edward Condon, and billionaire Jeff Bezos are only the beginning.

Do you believe you have the next hit cartoon, physics breakthrough, or trillion-dollar website? If you have something of value, you’ll need a patent attorney from Las Cruces. Find out the how, why, when, and other factors below!

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.

Accomplishing this feat will involve using resources like the New Mexico PTRC at NMSU. Inventors from Las Cruces may also want to consider utilizing the Texas Regional Office.

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

Las Cruces, NM 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 Las Cruces NM

The process of applying for a patent in Las Cruces, New Mexico 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.

In total, the patent life cycle involves five phases. First and foremost, innovators from Las Cruces need to research similar applications or intellectual property. However, deciding that your concept isn’t too similar may need to involve the expert advice of legal counsel.

Next, the critical preparation phase should start in earnest. The focus is on creating a strategy that will give you the best possible chance of success. Once again, unless you have extensive experience with this task, you will likely need a patent attorney’s help.

Filing your application and paying fees are next. For newbies or seasoned professionals, this task can be nerve-wracking. Omissions or extraneous information can sink your dreams in a hurry.

During the examination process, you will have strict deadlines to respond to an examiner’s notes. Unfortunately, it can take a significant amount of time before they reach out to you. But, when they do, you need to be ready to act fast.

Finally, you need to keep close track of deadlines to pay maintenance. In addition, you don’t want to miss the opportunity to apply for a non-provisional patent.

When Should I Hire a Qualified Las Cruces, New Mexico Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Las Cruces 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, businesses and innovators in Las Cruces need to protect their intellectual property. As reported by HowStuffWorks, the amounts awarded for patent infringement have reached billions of dollars. If someone has stolen your concept, you will need a highly competent lawyer to stop their activities.

Work with an Experienced Local Patent Attorney in Las Cruces, New Mexico

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