Patent Law in Trenton, NJ

Trenton residents should be aware that creating a new invention or design is not enough to commercialize it. You must protect your work with a patent. If you don’t, you could open yourself up to the possibility of someone stealing your work. They might even file a patent of their own to claim royalties that should rightfully be yours.

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 in Trenton that are seeking to bring their inventions to market will most likely want the protection of a patent. As such, patent applications for Trenton residents will most likely be filed with the USPTO Headquarters located in Virginia. The USPTO believes that inventors are instrumental to the health of the economy, helping to bring new products to the market. As such, they provide tremendous resources to help inventors along the way.

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

Trenton, NJ 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 Trenton NJ

The process of applying for a patent in Trenton, New Jersey 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 New Jersey State Law Library, located in Trenton, is a tremendous resource for inventors and designers who are conducting patent research. This is an important step in filing for your patent, and should not be overlooked or taken lightly. You’ll need to determine if your invention is eligible for a patent. By law, a patent can only be extended to inventions that are novel, and not obvious. In addition, you must determine if a patent already exists for a similar invention. There are currently more than 9 million active patents in the U.S. alone.

The patent process can seem overwhelming at first, and for many it is. That is why it may be in your best interest to engage an experienced Trenton patent attorney to help you.

When Should I Hire a Qualified Trenton, New Jersey Patent Lawyer?

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

According to, Trenton Systems, a manufacturer of high-speed, high-performance computer systems, is being sued for alleged patent infringement. Mallard IP LLC filed the suit late in 2021, and claimed that Trenton Systems are illegally using a form of digital processing that belongs solely to Mallard.

Sometimes patent infringement can happen by accident. Other times, malicious actors are attempting to benefit from your work. In either case, you have every right to enforce your patent rights and protect your intellectual property. If your rights are infringed upon, you may want to hire an experienced Trenton patent attorney. He or she can help you enforce your rights, as well as seek damages for any financial losses that may have occurred.

Work with an Experienced Local Patent Attorney in Trenton, New Jersey

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

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