Patent Law in Miami, FL

The Miami New Times states that the automatic garbage bag reloader and a reflective surveillance system for traffic police were both invented in Miami. In addition, Dole has patented a process for a Rose Pineapple. This new patented fruit will feature a light pink flesh when the fruit is opened. Each of these inventions is protected, because their creators sought the help of an experienced patent attorney in Miami.

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.

Most inventors in Miami will file their applications for a patent with the USPTO Headquarters located in Virginia. The U.S. Patent and Trademark Office offers a variety of workshops, classes, and networking events in the service of helping inventors protect their property with a patent. These networking events are generally designed to allow inventors and entrepreneurs to meet and discuss the possibility of bringing certain work to the market.

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

Miami, FL 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 Miami FL

The process of applying for a patent in Miami, Florida 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 Miami Law Library is an incredibly useful tool for inventors to conduct their patent research. This is a complicated process, and it must be executed correctly or it clouds your patent back in terms of both time and money. You’ll need to determine the type of patent that your work requires, as well as make certain that your work qualifies for a patent. In addition, you must be absolutely certain that there is not an already existing patent for such an invention.

Patent law is incredibly nuanced. As such, it may be your best bet to seek the counsel of an experienced patent attorney in Miami.

When Should I Hire a Qualified Miami, Florida Patent Lawyer?

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

It’s important to remember that the patent process is still a process, and at times, can move much more slowly than you would like. North Miami-Dade News reports that the U.S. Patent Office recently issued a patent to an inventor in Miami. The process took 1,531 days.

With a process so complicated, and potentially arduous, you should give yourself every advantage possible. One advantage would be to seek the counsel of an experienced Miami patent attorney. He or she can help you avoid pitfalls, as well as help you enforce your patent rights if anyone should infringe upon them.

Work with an Experienced Local Patent Attorney in Miami, Florida

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