Patent Law in Mobile, AL

The Bama Buzz reports that some of the most wonderful inventions have come from creatives and inventors in the state. The windshield wiper, the airbag, and even the super soaker are all the creations of local residents. Mobile inventors that wish to bring their creations to market should consult with an experienced patent attorney in Mobile to be certain their property is protected.

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 U.S. Patent and Trademark Texas Regional Office is the most likely place where an entrepreneur or inventor from mobile would file their patent application. This location also offers classes and workshops on the patent process, as well as networking events. These networking events allow creatives and entrepreneurs the ability to meet and discuss the possibility of bringing certain inventions to 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

Mobile, AL 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 Mobile AL

The process of applying for a patent in Mobile, Alabama 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 Alabama Secretary of State encourages all Mobile inventors and entrepreneurs to establish patents and trademarks to protect their inventions and designs. To apply for a patent you should:

  • Keep a written record of your invention
  • Document your process with video footage, if possible
  • Research to be certain your invention qualifies for a patent
  • Research to be certain your invention is new
  • File your patent with the USPTO

However, it may be in your best interest to seek out an experienced Mobile patent attorney to help you file a patent application.

When Should I Hire a Qualified Mobile, Alabama Patent Lawyer?

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

The City of Mobile, along with Ladd-Peebles stadium, were sued for patent infringement involving the use of digital streaming technology. The city was apparently using a “high quality, reduced data rate streaming and monitoring system” that allowed them to survey both inside and outside the stadium. However, they did not have permission to use this patented technology.

If you believe someone has infringed upon your intellectual property, and is using or misusing it without permission, your best avenue may be to contact an experienced patent attorney in Mobile. He or she can help you uphold your patent rights.

Work with an Experienced Local Patent Attorney in Mobile, Alabama

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