Patent Law in Nampa, ID

Have you heard of a microwave smoke detector?

In 2022, WCSC reported on an inventor from Nampa who created this device. As a result of its creation, it can help prevent false alarms and increase safety in your home.

Do you want to introduce the world to the next innovation from the city? Obtaining a patent can be your ticket to a new level of success. Find out what you need to get started and avoid common pitfalls in this article today.

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 process will involve research through resources like the University of Idaho College of Law Library. Inventors in Nampa can also contact the Rocky Mountain Regional Office to schedule a consultation.

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

Nampa, ID 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 Nampa ID

The process of applying for a patent in Nampa, Idaho 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.

Nampa residents must conduct a significant amount of research before completing their paperwork. According to the USPTO, anyone without experience searching for similarities should consider legal counsel. Without the expertise of a patent attorney, you can miss prior applications that examiners may consider too similar to yours.

Once you have confidence in your concept’s patentability, a local patent attorney can also be crucial while:

  • Picking between a design, utility, or plant patent
  • Preparing completed documents, submitting them to the government, and paying fees
  • Receiving and maintaining your intellectual property

When Should I Hire a Qualified Nampa, Idaho Patent Lawyer?

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

As detailed by Entrepreneur Magazine, patent law and the application process are not easy on a layman. The complications can pile up quickly and cost you dearly in time and reapplication fees.

Moreover, inventors from Nampa who already have intellectual property have to defend it themselves. Policing the market for infringement falls on the patent holder and not the government. As a result, a dedicated patent attorney who acts on your behalf is often necessary.

Work with an Experienced Local Patent Attorney in Nampa, Idaho

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Nampa attorney to discuss how he or she can help you. We can even help you connect with an attorney across Idaho 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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How Much Does This Cost?

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