Patent Law in Richmond, VA
Have you ever visited the National Inventors Hall of Fame?
Virginia is home to this prestigious institution and the U.S. Patent and Trademark Office (USPTO). But, getting to the top means going through an application process that’s not known for being novice-friendly.
As a result, inventors in Richmond should have a clear-eyed understanding of the journey ahead. Thankfully, you’ll find answers to some burning questions and considerations in this article.
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 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.
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
Richmond, VA 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 Richmond VA
The process of applying for a patent in Richmond, Virginia 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 U.S. government, publications like Investopedia, and other experts stress the research necessary to apply. Inventors also need to create diagrams, descriptions, and claims about their creations. Any unnecessary content, mistakes, or omissions can cause complications.
The overall process that a local patent attorney can bring significant value to looks like the following:
- Determining whether your invention requires a copyright, trademark, or patent
- Deciding the patentability of your concept
- Selecting between a design, plant, or utility patent
- Getting ready to submit the application by creating a strategy
- Arranging your documents for submission and paying the associated fees
- Responding to the examiner after their review
- Receiving the Notice of Allowance upon acceptance
- Maintaining the exclusive right to intellectual property
When Should I Hire a Qualified Richmond, Virginia Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Richmond 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.
Alternatively, businesses in Richmond can find themselves wrongly accused of patent infringement. Under Virginia law, a bad faith claim of this transgression can bring fines and other civil penalties. Taking full advantage of the options can necessitate hiring a patent attorney. This reality also applies when pursuing redress from an organization profiting from your ideas.
Work with an Experienced Local Patent Attorney in Richmond, Virginia
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Richmond attorney to discuss how he or she can help you. We can even help you connect with an attorney across Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!