Patent Law in Pensacola, FL
Have you been to the Pensacola Maker Faire? The city celebrates its spirit of innovation at this event every year.
Do you think you have an invention that would stand out among your peers? Discover how you can protect your right to its ingenuity with a patent attorney today!
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.
Innovators from Pensacola have state and federal resources available to help with this endeavor. The closest Patent and Trademark Resource Center is in Orlando. You can also try to schedule a one-on-one consultation with the USPTO headquarters.
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
Pensacola, 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 Pensacola FL
The process of applying for a patent in Pensacola, 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.
It’s critical to note that there is a first to file rule for patent applications. Consequently, there is even more urgency to apply for your patent. If someone else beats you to the punch, even the most compelling case can receive a rejection.
On the other hand, judging what examiners will consider a novel invention is more informed by experience. Accordingly, inventors in Pensacola may need a trained eye to decide if they have a patentable concept.
With those crucial notes stated, the overall application process identified by the USPTO is the following:
- Choosing to pursue a patent, trademark, servicemark, or copyright
- Researching previous applications or granted patents for similar products
- Picking between a design, plant, or utility patent
- Preparing an application strategy
- Completing your application, diagrams, and other documentation
- Receiving feedback from an examiner and responding before the deadline
- Receiving your approval via a Notice of Allowance
- Paying for maintenance fees and surcharges
When Should I Hire a Qualified Pensacola, 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 Pensacola 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.
For startups, Entrepreneur Magazine recognizes that there are often legal options on a limited budget. Even a limited investment can prevent a reapplication and paying costly fees again. Furthermore, protecting the value of your intellectual property in Pensacola is up to you. When infringement happens, the options for recourse reside within civil law.
Work with an Experienced Local Patent Attorney in Pensacola, Florida
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Pensacola 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!