Patent Law in Tucson, AZ

Filing a patent is what protects your intellectual property from bad actors who may try to take it for their own. An experienced patent attorney in Tucson can help you navigate the filing process. He or she will also be able to defend your patent rights should someone attempt to infringe upon your invention or design.

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.

Residents of Tucson seeking to file a patent application to protect their inventions will most likely file with the Silicon Valley Regional Office of the USPTO. Additionally, the Arizona State Law Library also provides an online guide that gives inventors a thorough explanation of patent hurdles. As well, the guide contains info on the appropriate times to file a patent application.

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

Tucson, AZ 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 Tucson AZ

The process of applying for a patent in Tucson, Arizona 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.

According to the University of Arizona, it is easy to improperly file a patent application if you do not receive the proper guidance. This can open you up to a bevy of negative consequences. In fact, someone else could swoop in and patent your idea. While not strictly necessary, it is generally in your best interest to seek the counsel of an experienced patent attorney in Tucson to help you establish the legal protections necessary for your intellectual and physical property.

Fortunately, AZ Big Media provides a few simple steps for Tucson inventors to navigate the patent process. You must:

  • Research that no one already holds a patent for this product
  • Decide what type of patent you need
  • Decide if you need a domestic or international patent
  • Consult with an Arizona patent attorney
  • File your patent application

When Should I Hire a Qualified Tucson, Arizona Patent Lawyer?

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

Tucson residents should be aware that the Arizona State Legislature enacted Title 44 in the state. This seeks to prevent the theft and abuse of intellectual property. There are many examples of bad faith actors attempting to use another’s property or designs for their own financial benefit. To prevent this, or minimize any damage if this happens you should seriously consider seeking the counsel of an experienced Tucson patent lawyer.

Work with an Experienced Local Patent Attorney in Tucson, Arizona

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