Patent Law in Las Vegas, NV
The latest and greatest technological innovations make their way to the city each year. Are you a local ready to show off your groundbreaking concept at the convention? Or do you have a new intellectual property to add to your company’s portfolio?
No matter how large or small your plans may be, they will likely need a patent attorney to shore them up. Find out how the application process works and much more in this article.
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 University of Nevada has a Patent and Trademark Center dedicated to helping local inventors achieve this goal. You can also reach out to the Silicon Valley USPTO to schedule a one-on-one meeting to ask 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
Las Vegas, NV 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 Vegas NV
The process of applying for a patent in Las Vegas, Nevada 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 U.S. Chamber of Commerce reminds applicants that there are several steps to take before filing paperwork. For instance, it’s worth considering a Las Vegas patent attorney to help you with the following:
- Investigating previous applications for similarities to your concept
- Deciding to pursue a utility, design, or plant patent
- Concluding whether or not to file in the U.S. and globally
Once you make these decisions, you need to develop your application strategy. If you have not engaged legal counsel previously, this is a critical time to do so. Their experience and expertise are typically most effective before submitting your documentation.
When you receive the First Office Action from the USPTO, you’ll likely need to respond to your examiner. They have the responsibility of reviewing your invention with a fine-tooth comb. You can reapply an additional time, but a second rejection means working with the appeals process.
When Should I Hire a Qualified Las Vegas, Nevada 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 Vegas 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.
If you go through this process alone, some pro se assistance programs are available. The USPTO does not provide legal advice, but it can help you improve your odds.
Unfortunately, there is a consensus that inventors from Las Vegas that go solo can face significant perils. For example, Entrepreneur Magazine stresses that the inexperienced often provide too much or too little detail.
Work with an Experienced Local Patent Attorney in Las Vegas, Nevada
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Las Vegas attorney to discuss how he or she can help you. We can even help you connect with an attorney across Nevada state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!