Patent Law in Louisiana

Lousisiana patent attorneys stand ready and available to help you safeguard your designs and intellectual property. It is not uncommon for those with an inventive or entrepreneurial spirit to go it alone when filing for a patent. But, a mistake or slip could cause delays and allow another to patent your idea or invention first.

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.

Louisiana residents seeking to file a patent for their invention or establish a trademark can do so with the U.S. Patent and Trademark Office. One such office, located in Baton Rouge, allows inventors to sign up for inventor workshops in the region. It also serves as a network opportunity with entrepreneurial organizations in the state. These networking events allow inventors to generate interest around their invention. As well it affords them the opportunity to raise capital to produce their invention on a larger scale.

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

Louisiana 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 Louisiana

The process of applying for a patent in Louisiana 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 Louisiana State University Library acts as a resource center for inventors and entrepreneurs to investigate whether their invention or design warrants a patent. You can also check if a patent for such an invention already exists here. You should always do your research in these areas before you start filing your patent application. This way, you don’t waste your time, money, and energy on an invention or idea that someone has already patented. The University of Louisiana at Lafayette also encourages inventors to factor in the costs of patents. To hold a patent in the U.S. for more than 20 years can cost the patent holder somewhere between $20,000 and $60,000.

When Should I Hire an Experienced Louisiana Patent Lawyer?

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

A Louisiana man named David Hoyle is currently engaged in a lawsuit with Google claiming they have infringed upon his intellectual creation in their use of data collection and targeted advertising. This is according to 4WWL CBS. It is for this very reason that you should engage an experienced Louisiana patent lawyer. Without someone to fight for him, a private individual like David may not stand much of a chance against a powerful conglomerate like Google.

If someone violates your patent or trademark rights, you have every right to stop them through the legal system. In addition, your Louisiana patent attorney may be able to win monetary damages for the infringement upon your property. You may also be entitled to have the violator pay court fees and attorney’s fees as well.

Work with an Experienced Local Patent Attorney in Louisiana

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 Louisiana state lines.

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