Patent Law in Tallahassee, FL

Are you feeling nervous about applying for intellectual property?

According to the National Science Foundation, only twenty-two applications out of every 1,000 receive a patent. Accordingly, it pays to have a patent attorney in Tallahassee who knows what it takes to succeed.

Inventors can try going it alone, but it’s easy to make a mistake under current U.S. law. This article will provide essential information to get you started or protect your existing portfolio.

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.

The Patent and Trademark Resource Center in Orlando can be a tremendous help with research. Additionally, entrepreneurs in Tallahassee can contact the USPTO headquarters to schedule a consultation.

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

Tallahassee, FL 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 Tallahassee FL

The process of applying for a patent in Tallahassee, Florida 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.

Patents pendency data from the government suggests applicants can wait over a year to hear from an examiner. Overall, it may be two to three years before a final decision on your invention happens. Considering the tremendous wait, getting things right should be a foremost concern.

From start to finish, it’s worth considering a patent attorney from Tallahassee to assist with these tasks:

  • Researching intellectual property to evaluate patentability
  • Preparing an effective application strategy
  • Finishing documentation thoroughly, sending it to the government, and paying fees
  • Responding to omissions, mistakes, and other notes from an examiner
  • Receiving approval documentation
  • Maintaining a right to the intellectual property

When Should I Hire a Qualified Tallahassee, Florida Patent Lawyer?

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

Business owners in Tallahassee can also run into problems with patent trolls or Patent Assertion Entities. Issues with these companies often start with letters threatening legal action for infringement. In some circumstances, a legal battle is unavoidable to continue business unabated.

Work with an Experienced Local Patent Attorney in Tallahassee, Florida

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