Patent Law in Newark, NJ

As reported by New Jersey Business Magazine, the state has been home to many breakthrough innovations. Electric lights, telephones, and moving pictures represent only a fraction of its many contributions.

Do you have an invention that’s ready to join this prominent legacy?

Inventors from Newark face significant challenges along the way. Accordingly, it’s best not to delay, discover what you’re about to embark on, and consider how legal counsel can help.

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.

Local inventors have the good fortune of having a PTRC at the Newark Public Library to conduct their research. They can also consider scheduling a consultation with the USPTO headquarters to ask some general questions.

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

Newark, NJ 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 Newark NJ

The process of applying for a patent in Newark, 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 New Jersey Business Action Center asserts that applicants must research previous applications. The purpose is to ensure that your concept doesn’t exist already. Alternatively, you will want to know that a similar idea hasn’t received a rejection.

The research stage is one of the first opportunities for a patent attorney from Newark to prove their worth. Without their level of expertise, you may pursue an idea that is not likely to impress government examiners.

The next steps that you may want to pursue with the help of legal counsel are:

  • Designating whether you want to chase a design, utility, or plant patent
  • Settling on an application strategy
  • Completing the necessary forms, documents, and diagrams
  • Replying to notes from your examiner

When Should I Hire a Qualified Newark, 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 Newark 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.

Moreover, United States Code allows for injunctive relief when someone infringes on your intellectual property. This legal action will cease their activities and allow a business in Newark time to resolve the civil dispute.

Successful litigation can result in millions of dollars in damages to the plaintiff. Otherwise, the lost revenue may never reach your enterprise’s coffers.

Work with an Experienced Local Patent Attorney in Newark, New Jersey

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Newark 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!

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