Patent Law in Santa Fe, NM

According to Business Insider, the largest patent sale in the U.S. was for $1.05 billion! This hefty price is what Microsoft paid AOL for a portfolio of 925 patents. Whether you plan to sell, lease, or utilize your patent, there’s legacy-making money to earn.

However, gaining the right to this profit means making it through an often frustrating application process. Start preparing for this journey and evaluate whether you should hire a patent attorney in Santa Fe with us 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.

Inventors from Santa Fe may contact the Texas Regional Office to take advantage of their services. In addition, the New Mexico State University Library has a PTRC dedicated to helping 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

Santa Fe, NM 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 Santa Fe NM

The process of applying for a patent in Santa Fe, New Mexico 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.

Even the National Inventors Hall of Fame admits that the overall process can be confusing. For the uninitiated, it can be downright intimidating. The unfortunate reason for these frustrations is that there’s a high bar that’s difficult to clear without experience.

For example, patent attorneys in Santa Fe specialize in ensuring the following goes as smoothly as possible:

  • Evaluating the patentability of a concept
  • Determining what type of patent applies – utility, design, or plant
  • Developing an application strategy that works toward your idea’s strengths
  • Submitting a complete and thorough application with fees
  • Responding to issues identified by an examiner
  • Securing and maintaining the right to a patent

When Should I Hire a Qualified Santa Fe, New Mexico Patent Lawyer?

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

As described by HowStuffWorks, the growth of non-practicing entities (NPEs) has increased the need for patent attorneys. In practice, these companies buy up swaths of patents only to use them for litigation. The unfortunate consequence can be that entrepreneurs in Santa Fe have to deal with nuisance lawsuits.

Work with an Experienced Local Patent Attorney in Santa Fe, New Mexico

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

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