Patent Law in San Diego, CA

San Diego has a proud history of giving the world transformative and exciting innovations. For example, iHeartRadio reports we can thank the city for inventions like WD-40, rolled tacos, and naval aviation.

Are you prepared to add to this spectacular list of accomplishments?

While you can file yourself, you can quickly fall into traps of your unintentional making. Get started today by learning the basics and discover what a patent attorney can do to help with your goals.

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.

San Diego inventors with questions can request a consultation with the Silicon Valley USPTO Office. Furthermore, a Patent and Trademark Resource Center is available in the city to help with research.

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

San Diego, CA 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 San Diego CA

The process of applying for a patent in San Diego, California 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 patent life cycle inventors from San Diego have to manage includes five phases with many complexities. Each step can also call for a certain level of expertise to get through them successfully.

For starters, you have to prove your invention’s patentability. Doing so requires going through prior applications for ideas that match yours. It’s impossible to overstate how critical this preliminary stage is to success. In reality, it can take the expertise of someone who’s completed the process several times to have confidence in the analysis.

With this task completed, you can continue to work with a patent attorney on:

  • Prepping for the application using proven strategies
  • Ensuring that you send complete and thorough documentation
  • Dealing with notes about mistakes or omissions from an examiner

When Should I Hire a Qualified San Diego, California Patent Lawyer?

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

Entrepreneur Magazine reports that companies that disrupt the market often face patent infringement lawsuits. For example, large patent holders have sued thousands of small businesses at once for profit.

On the other hand, entrepreneurs in San Diego often need a patent attorney to remain vigilant of copycats. Some circumstances may start with a stop-and-desist letter, but they can escalate to court battles quickly.

Work with an Experienced Local Patent Attorney in San Diego, California

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified San Diego attorney to discuss how he or she can help you. We can even help you connect with an attorney across California 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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Which Areas of Law?

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How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.