Patent Law in New Mexico
Did you know that only about half of all patent applications are approved each year by the US Patent & Trademark Office? This is a daunting statistic, considering all the money, time, and hard work that goes into developing an idea, and turning it into a real invention. However, it is not surprising, given the complex, competitive, and legal nature of the application process. Fortunately, an experienced New Mexico patent attorney can guide you through the process to your desired result.
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 Texas Regional Office of the USPTO serves states surrounding Texas, including New Mexico. The Office is located in Dallas, Texas. Additionally, New Mexico inventors can get help from the Patent and Trademark Resource Center in Las Cruces.
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 Mexico 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 Mexico
The process of applying for a patent in New Mexico 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.
According to the Albuquerque Journal, New Mexico’s centers of technical innovation are generating patents at a rapid rate. As a result, the ecosystem that is necessary to support start-up technology companies is developing in the state. The University of New Mexico and Stanford University are responsible for generating many of these patents.
While this activity is exciting and potentially lucrative, the patent application is a complex, legal document. You must submit a claims description with enough detail to allow anyone trained in the relevant field to reproduce the item. You must also submit an application fee, prior research, a drawing, and an oath asserting you are the original inventor. Working with an experienced New Mexico patent attorney will ensure your patent application is competitive, and has the best chance of success.
When Should I Hire an Experienced New Mexico 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 Mexico 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.
An experienced New Mexico patent attorney is not only well-versed in the patent process, but also keeps up to date with changing patent laws. Legal protection against patent infringement is key, and your attorney can take your case to court. If this happens, you may receive attorney’s fees and damages based on royalties. The court may also issue an injunction to prevent future infringement.
In addition, a New Mexico patent attorney can help protect you against the increasing threat of patent trolling. Specifically, patent trolling is the process of filing a claim of patent infringement in bad faith, and hoping the defendant will settle to avoid litigation costs. Unlike many states, New Mexico has not passed any patent trolling legislation.
Work with an Experienced Local Patent Attorney in New Mexico
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 Mexico state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
