Patent Law in New Orleans, LA

According to Thrillist, we can thank New Orleans for many firsts that changed the world. Jazz, binocular microscopes, and dental floss are only the tip of a deep iceberg of innovation.

Does your invention have what it takes to add to the city’s legacy? Figure out how to get started and what a patent attorney can do through the information 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 off of something for which you have a patent.

The Baton Rouge Patent and Trademark Resource Center can offer some help with the necessary research. Additionally, inventors in New Orleans can take advantage of the offerings from the Texas Regional Office.

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

New Orleans, LA 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 New Orleans LA

The process of applying for a patent in New Orleans, Louisiana 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 application and maintenance process has eight steps that require careful attention. Moreover, it takes experience to master the ins and outs of each phase. For that reason, and many others, it can literally pay to have a dedicated patent attorney on your side.

To be successful, an inventor from New Orleans must navigate through the following:

  • Finding out which type of intellectual property fits your concept
  • Verifying that you have a novel invention compared to prior applications
  • Deducing whether it makes more sense to pursue a plant, design, or utility patent
  • Assembling an application strategy
  • Filing for the patent and paying the necessary fees
  • Cooperating with notes from the government examiner
  • Collecting approval documents
  • Rendering payment for maintenance fees promptly

When Should I Hire a Qualified New Orleans, Louisiana 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 Orleans 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 per Entrepreneur Magazine, if you feel overwhelmed by the application process, you should hire an attorney. But, there are other concerns once you have an intellectual property portfolio.

In particular, inventors in New Orleans need to protect their exclusive right to their innovation. Having an effective effort on this front typically requires a dedicated lawyer.

Work with an Experienced Local Patent Attorney in New Orleans, Louisiana

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified New Orleans attorney to discuss how he or she can help you. We can even help you connect with an attorney across Louisiana 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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Which Areas of Law?

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