Patent Law in Salt Lake City, UT
Bad faith actors exist, much as we may not want to dwell on this fact. There are those out there who would step on your rights and take your intellectual property for their own financial gain. Your best defense against this is to file a patent to protect your work. And your best option for filing a patent may be to hire an experienced patent attorney in Salt Lake City.
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.
Inventors in Salt Lake City will most likely file their patent applications with the Rocky Mountain Regional Office of the United States Patent and Trademark Organization. However, there are other regional resources provided to inventors in Salt Lake City.
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
Salt Lake City, UT 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 Salt Lake City UT
The process of applying for a patent in Salt Lake City, Utah 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 Marriot Library, located on the campus of the University of Utah, provides research assistance and facilities for those conducting patent research. You’ll need to determine the type of patent that your invention or design requires, as well as if you are eligible for patent protection. In addition, you need to be certain that your invention has not already been patented by someone else. In addition, inventors can use the facilities at the Utah State Law Library. However, to be certain that no mistakes are made, you may want to consult an experienced patent attorney in Salt Lake City.
When Should I Hire a Qualified Salt Lake City, Utah Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Salt Lake City 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.
Tech Companies in Salt Lake City are praising a recent patent ruling handed down by the Supreme Court, according to Deseret News. This decision closed a loophole in the criminal code that has been used by “patent trolls” to force rightful patent owners into out of court settlements. Companies will generally settle with a “patent troll” rather than take a more costly, court-based approach.
There are times when the only way to enforce our patent rights is to seek the counsel of an experienced patent attorney in Salt Lake City. Your patent attorney can deliver relief from the infringement, as well as pursue any damages you may incur.
Work with an Experienced Local Patent Attorney in Salt Lake City, Utah
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Salt Lake City attorney to discuss how he or she can help you. We can even help you connect with an attorney across Utah state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!