Patent Law in West Palm Beach, FL

Are you familiar with the name John Perry, Jr.? He was a West Palm Beach billionaire, industrialist, and inventor. He owned several businesses and contributed to technology for submarines and clean fuel sources.

Do you have an invention built with the same spirit of innovation? Applying for patent protection can be frustrating and expensive without help. Consider the following details about the process and why a patent attorney can help you build a legacy for your ideas.

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 nearest state resource for research is the Fort Lauderdale Patent and Trademark Resource Center. Inventors from West Palm Beach can also schedule a consultation with the USPTO headquarters to ask questions.

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

West Palm Beach, 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 West Palm Beach FL

The process of applying for a patent in West Palm Beach, 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.

However, inventors need to look for similar applications long before completing documents. The USPTO offers a Patent Public Search, and there are other resources like Google Patents.

In particular, your goal is to prove that your invention is novel, unobvious, and useful. A clear-eyed analysis of how well your concept fits can require the expertise of a patent attorney. The application process is not user-friendly for novices, and experience goes a long way.

Innovators in West Palm Beach can then move on to:

  • Completing the necessary drawings, diagrams, and claims about the invention
  • Organizing an application strategy that leans on the strengths of the concept
  • E-filing and paying fees
  • Dealing with issues identified by an examiner

When Should I Hire a Qualified West Palm Beach, 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 West Palm Beach 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.

Moreover, there is usually a sense of urgency to submit an application due to the first-to-file rule. Under this U.S. law, the innovator that files a similar concept first is the one who receives approval from the government.

There are also significant legal concerns once an inventor in West Palm Beach secures their patent. Protecting your intellectual property may start with sending a cease and desist letter to the offender. However, the likelihood remains that you will have to go to court to seek redress for damages.

Work with an Experienced Local Patent Attorney in West Palm Beach, Florida

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified West Palm Beach 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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