Patent Law in Orlando, FL
The Inventors Council of Central Florida helps Orlando inventors and entrepreneurs from making the same mistakes that others have made before them. One of these mistakes is failing to consult with an experienced Orlando patent attorney before filing a patent application. Patent law is incredibly nuanced, and any mistakes can set you back in receiving protection for your ideas.
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.
Most Orlando inventors will file their applications for a patent with the USPTO Headquarters located in Virginia. The U.S. Patent and Trademark Office offers a variety of workshops, classes, and networking events in the service of helping inventors protect their property with a patent. These networking events are generally designed to allow inventors and entrepreneurs to meet and discuss the possibility of bringing certain work to the market.
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
Orlando, FL 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 Orlando FL
The process of applying for a patent in Orlando, Florida 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 Orange County Law Library is an incredibly useful tool for inventors to conduct their patent research. Overall, this is a complicated process, and it must be executed correctly. Otherwise, it could cloud your patent back in terms of both time and money. You’ll need to determine the type of patent that your work requires, as well as make certain that your work qualifies for a patent. In addition, you must be absolutely certain that there is not an already existing patent for such an invention.
When Should I Hire a Qualified Orlando, Florida Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Orlando 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.
BizJournal reports that the University of Central Florida, located in Orlando, has recently improved its ranking in terms of the number of new inventions and patents it holds. Previously ranked at 29th in the U.S. for this category, they have recently jumped into the top 25. This is excellent news both for the local economy, and the market at large. Innovations in industry produce new businesses and startups, which drive the economy forward.
However, the patent process is complicated, and you should give yourself every advantage possible. For example, one advantage would be to seek the counsel of an experienced Orlando patent attorney. He or she can help you avoid pitfalls, as well as help you enforce your patent rights if anyone should infringe upon them.
Work with an Experienced Local Patent Attorney in Orlando, Florida
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Orlando attorney to discuss how he or she can help you. We can even help you connect with an attorney across Florida state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!