Patent Law in New Jersey

As reported by New Jersey Monthly, the state ranks fourth in the nation for granted patents. Anyone who receives this legal protection also continues the legacy of names like Albert Einstein and Thomas Edison.

Regardless of what your invention may be, your contributions could create a new enterprise or shore up an existing one. But, it can take stellar legal counsel to secure your place in the stars. Discover how you can get started and benefit from a patent attorney’s advice 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 from something for which you hold the patent.

Inventors going through this process in New Jersey can reach out to the USPTO headquarters for resources. Furthermore, the Newark Public Library has a Patent and Trademark Resource Center to help with research.

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

New Jersey 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 New Jersey

The process of applying for a patent in New Jersey 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 federal government describes five significant steps in the patent application process. Each part has its initiatives, programs, and other benefits you may not realize are available. Hiring a New Jersey patent attorney can help you take full advantage of these resources. They can also help you through the following:

• Learning about existing patents similar to your idea

• Carefully planning to complete the application

• Submitting the necessary documents

• Responding to examiners during the examination process

• Maintaining and protecting the intellectual property from infringement

When Should I Hire an Experienced New Jersey Patent Lawyer?

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

Additionally, publications like Inc. Magazine assert that you need a patent attorney ready to fight infringements. This need especially applies when your business depends on maximizing the value of your intellectual property. Moreover, it can often take legal action to deal with the worst offenders.

Work with an Experienced Local Patent Attorney in New Jersey

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 New Jersey state lines.

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