Patent Law in Topeka, KS

Topeka inventors should never risk their work or intellectual property because of improper filing or a missed deadline. Patent law is a very particular section of the law, and requires someone knowledgeable and skilled to help you navigate it. Therefore, it may be in your best interests to seek the counsel of an experienced attorney in Topeka to make sure you protect what is yours, and get the full credit you deserve.

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 living in Topeka that are seeking to develop a patent or trademark for their new invention can file for their patent protection with the Rocky Mountain Regional Office of the U.S. Patent and Trademark Office. The USPTO also sponsors inventor and entrepreneurial workshops in the region. These workshops allow Topeka inventors to network with others, as well as learn more about patenting their work.

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

Topeka, KS 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 Topeka KS

The process of applying for a patent in Topeka, Kansas 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.

An online guide that helps break down the steps of filing a patent or trademark in Topeka is provided by the Kansas Secretary of State. Remember, mistakes or missteps in the filing process cna set back your timeline for both receiving your patent, as well as bringing your invention or design to market. When conducting patent research you should:

• Be certain that your invention qualifies for a patent

• Be certain to document your work

• Contact an experienced Kansas patent attorney to help guide you through the process

In addition, the USPTO encourages Topeka inventors to understand what type of patent is required. You should also never take legal advice from an employee at a research library or facility. The only legal advice you should accept is from an experienced patent attorney in Topeka.

When Should I Hire a Qualified Topeka, Kansas Patent Lawyer?

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

Freedom To Operate, a non-profit organization in Topeka, was recently handed a loss in a patent lawsuit regarding an oral dosage of “Polymorph A” psilocybin. This is according to KSN Business. FTO appealed the decision to the Patent Trials and Appeals Board for a Post Grant Review, but were also denied.

Bad faith actors exist, whether we want to acknowledge this or not. A Topeka patent attorney can help you protect your work, and may even save you money in the long run. If a bad faith actor infringes on your patent, you may be entitled to court costs, attorney’s fees, and even monetary damages.

Work with an Experienced Local Patent Attorney in Topeka, Kansas

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

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!