Patent Law in Salem, OR

Inventors and designers in Salem can bring dynamic new products to the market that change the way we live our lives. However, there are those who may misuse or abuse your work. Due to this fact, you should protect your intellectual property, and the surest way is to patent your invention or design. However, navigating this process can be difficult and time consuming. As such, you may want to hire an experienced Salem patent attorney to best help you protect your intellectual property.

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.

Salem inventors will most likely file their patent applications with the Silicon Valley Regional Office of the U.S. Patent and Trademark Office. Certain inventors in Salem have chosen to bring their inventions to market before receiving the protection of a patent. While you can do this, it is risky. If you bring your invention to market without a patent, you will have only one year to receive your protection. This means completing the entire process.

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

Salem, OR 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 Salem OR

The process of applying for a patent in Salem, Oregon 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 Marion County Law Library is available for inventors and entrepreneurs to conduct patent research as they move forward with the process of protecting their intellectual property. You’ll need to ascertain whether or not your invention qualifies for a patent. Once this is established, you’ll also need to be certain that a patent does not already exist for your invention.

When Should I Hire a Qualified Salem, Oregon Patent Lawyer?

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

Insurance News Net confirms that an inventor in Salem is responsible for creating a new type of safe storage content for vehicles. This technology is theorized as a kind of “smart system” that not only collects data from vehicular accidents, but can also work to anticipate them.

Patent law may seem dry, or boring. But in cases of infringement, an experienced patent attorney in Salem could be indispensable. In addition to protecting your intellectual property, your patent attorney may be able to procure compensation. This could come in the form of monetary damages, but also in the form of attorney’s fees and court costs.

Work with an Experienced Local Patent Attorney in Salem, Oregon

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Salem attorney to discuss how he or she can help you. We can even help you connect with an attorney across Oregon 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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