Patent Law in Savannah, GA
Savannah boasts many firsts. One of these is that Eli Whitney invented the cotton gin in Savannah while working as a tutor. Inventors and designers in Savannah that are looking to change the market landscape with their work should seriously consider the protection of a patent.
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.
Most Savannah inventors and designers will opt to file their patent applications with the USPTO Headquarters in Virginia as they move forward with the process. The USPTO also provides a breakdown of patents received by counties in Georgia. Chatham County in Savannah had a total of 512 patents received between 2000 and 2015.
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
Savannah, GA 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 Savannah GA
The process of applying for a patent in Savannah, Georgia 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 Chatham County Law Library is an excellent resource when conducting patent research for your application. This is an involved process, and should be taken very seriously. Any mistake or misstep in the filing process can set back your application, and your timeline to bring your invention to market.
You can choose to bring your product to market without patent protection, but this is a serious gamble. You’ll be required to receive your patent within one year if you choose to go ahead and bring your invention to market.
When Should I Hire a Qualified Savannah, Georgia Patent Lawyer?
There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then Savannah 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.
BioSpace reports that vermillion was forced to pay damages from a patent infringement suit in 2006. The suit was settled with Health Discovery Inc. which alleged that Vermillion was illegally using its technology by using support vector systems for the identification of biomarkers. These systems were developed by Health Discovery, and they retained the exclusive rights to them.
You have every right to protect your intellectual property. Many pour years of their life into their creations, and you deserve to have that safeguarded. The best way to do that is with a patent. And the best way to secure your patent may be to seek the counsel of an experienced patent attorney in Savannah.
Work with an Experienced Local Patent Attorney in Savannah, Georgia
A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Savannah attorney to discuss how he or she can help you. We can even help you connect with an attorney across Georgia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!