Patent Law in Nevada

Did you know that the inventor of blue jeans is from Nevada?

Based on reporting by Business Insider, necessity was the mother of this invention. Miners and other workers needed practical work wear to hide dirt and soot better. The solution Jacob Davis came up with and patented with Levi Strauss continues to play a significant role in our everyday lives.

Do you believe that you have your hands on the next blue jeans, telephone, or light bulb? Protecting that invention starts with learning some of the essential details about patent law below.

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.

The nearest physical USPTO presence to Nevada is the Silicon Valley U.S. Patent and Trademark Office. While you may complete the process online, it’s worth noting the resources they have on offer.

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

Nevada 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 Nevada

The process of applying for a patent in 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 estimates that the application process takes 13 to 18 months. Moreover, you may spend a significant amount of time prepping to submit documentation. This stage is where a patent attorney can identify pitfalls before running headfirst into them.

After someone from Nevada sends their paperwork, the next challenge is working with the examiner. Fees must become paid, and you’ll need to respond to numerous inquiries. If they discover too many omissions, you can reapply one additional time.

When Should I Hire an Experienced 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  Nevada 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.

Patent attorneys have extensive training that separates them from other law practitioners. As identified by the job site Indeed, they complete the following before getting to work in Nevada:

  • Obtain a Bachelor’s Degree in a science or engineering-related field
  • Pass the USPTO bar exam

Work with an Experienced Local Patent Attorney in Nevada

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 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!

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