Patent Law in Scranton, PA

No one likes to prepare for the worst, but when safeguarding your inventions or designs, that is exactly what every Scranton inventor should do. Bad faith actors exist, and it is not unheard of for someone to infringe upon patent rights. However, having an experienced Scranton patent attorney in your corner could prove to be very beneficial.

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.

Those residing in Scranton who wish to apply for patent protection can use the resources provided by the United States Patent and Trademark Office. Most will file with their respective regional office, which for Scranton inventors would be the USPTO Headquarters in Virginia. Remember, the USPTO adheres to strict guidelines and deadlines. The USPTO does grant extensions and relief under certain circumstances. You may want to ask your Scranton patent attorney to monitor the System Status and Availability of patents in the U.S.

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

Scranton, PA 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 Scranton PA

The process of applying for a patent in Scranton, Pennsylvania 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 Lackawanna County Law Library provides the research capability for those inventors in Scranton that are conducting their own patent research. This must be done carefully and with great thought, as any mistakes or missteps in the filing process can result in delays or denials. You’ll need to research:

  • The type of patent necessary
  • If your invention or design qualifies for a patent
  • If a patent already exists for your invention or design.

When Should I Hire a Qualified Scranton, Pennsylvania Patent Lawyer?

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

Noble Biomaterials, a company based in Scranton, successfully upheld their patent rights in court against Argentum Medical. Noble had filed the suit against Argentum for its illegal infringement upon patented technology regarding antimicrobial bandages. It is not uncommon for patent rights to be infringed upon, either in bad faith or by honest mistake. However, if and when this occurs, it is always beneficial to have an experienced patent attorney in Scranton by your side.

Work with an Experienced Local Patent Attorney in Scranton, Pennsylvania

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