Patent Law in Wichita, KS

Did you know that the discovery of helium happened in nearby Dexter, KS?

According to the American Chemical Society, this event led to celebrations that included music and games. Inventors from Wichita may feel the same elation because of their invention, but that’s only the beginning.

Obtaining a patent is the legal protection anyone needs to shield themselves from infringement. Unfortunately, the process is not novice-friendly and can benefit from a patent attorney’s expertise. Don’t delay and find out the who, what, where, when, and why in our article.

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 Rocky Mountain Regional Office can answer questions from inventors in Wichita in a scheduled consultation. Additionally, the Ablah Library at Wichita State has a Patent and Trademark Resource Center for research.

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

Wichita, 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 Wichita KS

The process of applying for a patent in Wichita, 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.

The complete patent life cycle inventors from Wichita need to manage includes:

  • Learning about patents that may match your application
  • Creating a strategy that fits your invention’s purpose and usefulness
  • Paying the correct amount in fees and filing for your patent
  • Engaging with notes from a government examiner
  • Maintaining ownership of intellectual property by paying fees

While you do not have a legal obligation to hire an attorney, publications like Inc. Magazine recommend it. The primary justification is that experience with what the patent office expects is critical. A novice who engages with the process doesn’t have nearly the same advantages as someone with legal counsel.

When Should I Hire a Qualified Wichita, 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 Wichita 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.

While most legal concerns around patents involve federal legislation, companies in Wichita have protections from the state. For example, Kansas Statutes allow for litigation following bad-faith patent infringement claims.

Conversely, business owners should remain vigilant about copycat products in the marketplace. After finding evidence of this activity, hiring a lawyer can protect your best interests.

Work with an Experienced Local Patent Attorney in Wichita, Kansas

A patent attorney provides a great service in assisting with securing and managing your patent. You should meet with a qualified Wichita 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!

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