Patent Law in Utah

As reported by Deseret News, we can thank Utah for an impressive range of innovations. Inventors from the state have contributed to now-ubiquitous items like electric guitars and car stereos.

Are you ready to contribute to a long legacy of transformative products and technologies? Discover the essentials in this article and how a patent attorney can help you avoid problems.

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 from something for which you hold the patent.

The nearest government office that can provide resources is the USPTO Rocky Mountain Regional Office. You can also look into existing patents similar to your concept at a state Patent & Trademark Resource Center.

What Are the Types of Patents?

There are three different types of patents inventors can apply for. Each patent has specific 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

Utah inventors often file a provisional patent first, which is 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 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 Utah

The process of applying for a patent in Utah 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.

Applicants in Utah will likely have to wait years before the patent process concludes. Yet, there’s a ton of work that needs doing in response to office actions. While a patent attorney can make short work of these requests, it can take a less experienced individual much more time. Meanwhile, you’re running the risk of denial despite hundreds of hours of work and thousands of dollars in fees.

Generally, you will need to supply information like the following without omissions or mistakes:

  • A declaration of patent
  • A summary and diagrams of the concept
  • Detail about the research that supports the effectiveness of your invention
  • An extensive listing of similar patents or applications

When Should I Hire an Experienced Utah Patent Lawyer?

There are multiple reasons to hire a patent attorney. If you want the assurance of having someone acting on your behalf, then  Utah patent law lawyers can help you. They 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.

As discussed by Entrepreneur Magazine, you are welcome to file for a patent without an attorney. But, expert advice can make the process more streamlined and less expensive. When the fees can cost thousands of dollars, it’s critical to lower costs to protect your return on investment.

Finally, patent infringement is a significant threat to anyone’s bottom line. Companies and individuals in Utah need a legal warrior by their side with a track record of successful litigation.

Work with an Experienced Local Patent Attorney in Utah

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

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

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.