Patent Law in Oklahoma

Without a properly executed patent, your inventions and designs can be stolen. But an experienced patent attorney in Oklahoma can help you protect your intellectual property. He or she can also help defend your work if someone infringes upon your patent.

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 in Oklahoma that are looking to protect their intellectual property should file a patent with the United States Patent and Trademark Office. Located in Stillwater, this office will allow inventors not only to protect their work, but to attend networking events with other inventors. In addition, the USPTO offers entrepreneurial workshops which can help an inventor raise capital to bring their invention to the market.

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

Oklahoma 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 Oklahoma

The process of applying for a patent in Oklahoma 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 Edmon Low Library located at Oklahoma State University serves as a resource for inventors to search existing patents. This can help you by making sure your invention or design does not already exist. In addition to this research, you should also consult with a patent attorney. This way you make sure your invention qualifies to be protected under U.S. patent law.

You should also try to keep detailed records of your work when you are creating a new invention or design. You can easily keep a journal, or save recorded files to a cloud drive. When you are finished, an experienced patent attorney can help you file. The Oklahoma State Government provides online documents that determine what information must be included in your patent request.

When Should I Hire an Experienced Oklahoma Patent Lawyer?

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

AP News reports that in 2018, Miller Mendel filed an infringement lawsuit against the police departments in Oklahoma City for illegally using their background investigation software. In addition, they have filed suit against the police department in Washington as well. The suit revolves around the same software.

Even if you receive your patent, there is still the very real possibility that someone can illegally use, or misuse, your invention. This is when it becomes so important to have the counsel of an experienced Oklahoma patent attorney. Not only can an attorney help you protect your invention, but they can defend the parameters of the case. He or she may also be able to retrieve monetary damages.

Work with an Experienced Local Patent Attorney in Oklahoma

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 Oklahoma 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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