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Patents

Patent Attorney in Orlando

When you create an invention that hasn’t been seen before, you should patent the idea and/or invention so that others cannot steal your hard work. When our patent attorney starts the process, we will conduct a search to ensure that another version of your idea or invention hasn’t already been patented. Once someone receives protection for an idea or invention, they have exclusive rights to that idea or innovation for 20 years.

I don’t have a way to make a prototype. Can I still get a patent?

While it is good to have a working prototype of your invention, it is not required. You only need to describe your invention or idea in enough detail so that another person who has “ordinary skill in the art” can make and use what you invented.

Should I use an invention submission and idea promotion company?

No. The Federal Trade Commission (FTC) plus several other government agencies have been investigating numerous companies who say they will evaluate your invention, contact product manufacturers and do all the leg work to obtain your patent. The U.S. Patent Office estimates that inventors lose close to $300 million dollars from fraudulent invention promotion businesses. Don’t be fooled by exaggerated ads and promises that you will be rich beyond your wildest dreams. If it sounds too good to be true, it probably is. When you have intellectual property to protect, seek legal counsel from a reputable patent attorney.

What is a patentable idea or invention?

In order to apply for a patent, you must be the actual inventor. If you are a company and your employee creates an invention during the course and scope of his or her employment, you, as the representative of the company, may be able to file an application in the company’s name for an idea or inventions including:

  • Physical objects or a machine – As long as the invention is new –, even if you created it out of known components – and what you created is not just an improvement on another invention or idea.
  • Business, technical & industrial processes – Certain types of business methods, technical processes and industrial procedures can be eligible for protection as long as you have created something new and unique.

NOTE: If you create something using atomic energy or special nuclear materials, these generally cannot be patented. You also cannot patent abstract ideas, laws of nature or physical phenomena.

I’ve already sold a few. Does that mean I cannot apply?

For an invention to be patentable, it must be new. It cannot have been used or known by anyone else nor can it have been described in any publication in the world. Furthermore, it cannot have been patented or have been available for public use or sale in the United States for more than a year before you file your application. Your invention must also be “non-obvious,” which means that it must be significantly different from something else that has already been described or used. For example, you can’t patent a process that uses one chemical by using another chemical component, especially if the substitute chemical is commonly known.

Types of U.S. Patents

To obtain a patent, you must apply to the U.S. Patent and Trademark Office and the application must be in your name. If the invention has more than one person, all inventors must be named on the application as joint inventors. Depending on your invention our attorney will be applying for one of three types of protection:

  • Utility Patent – This is the most common type of patent and is used for new machines, useful processes, composition of matter or article of manufacture. The utility patent covers the invention described in the words of its claims.
  • Design Patent – A design patent covers a new, ornamental and original design for something used in manufacturing. The patent covers only the appearance of your invention, not how it functions. Your drawings define what the patent covers.
  • Plant Patent – A plant patent is for a new or newly discovered distinct variety of plant that is asexually produced.

Once you are granted a utility or plant patent, it last for 20 years from the date you filed the application. Design patents last 14 years. You must also pay periodic maintenance fees “on time” to keep the protection in place for the entire time as granted.

Why Do I Need an Intellectual Property Attorney?

The USPTO (U.S. Patent and Trademark Office) highly recommend getting an attorney when attempting to secure a patent or trademark for your business or invention. So hiring the right attorney can be essential to the successful acceptance of your application. As the rules constantly change for what is required when filing a patent, trademark, or copyright; you should contact us or fill out our trademark or patent forms located on the top right of this page.

Our firm’s lawyers have been admitted to practice before the State of Florida and the United States Patent and Trademark Office. As a boutique law firm, our focus is strictly on business and Intellectual Property matters, including Patent, and Trademark prosecution before the United States Patent and Trademark Office, Copyright registration before the United States Copyright Office, and infringement related litigation before the state and federal courts.

U.S. Patent and Trademark Office Review

An application has several parts that help to describe the inventor and the invention. It must specify a detailed description of the patent, a summary and background of the invention, an oath stating that you believe you are the first and original inventor, and claims that define the legal scope of your invention. You should also be prepared to provide drawings for the invention that help the examiners understand the invention. Furthermore, you will need to pay for the patent search as well as the application/examination fees.

Once the U.S. Patent and Trademark Office receives your application, it is assigned to the examining technology center in your invention’s specified area. In most cases applications are reviewed in the order they were received, so there is no time frame for examiners to review your application. Under certain circumstances, there are ways we can work with the appropriate agency to have an application expedited. When your patent is issued, you will receive a “Notice of Allowance” and must pay an issue fee within three months. If you don’t pay the issue fee in a timely manner, your application could be abandoned.

What happens if I receive a rejection notice?

During the examination phase, the examiner studies the patent application for compliance with statutory requirements. The examiner also does his or her own patent search, which includes U.S. patents, foreign patent documents, published applications and available literature to determine whether your invention is actually useful, new and non-obvious. Should your application be rejected, you will get a notice with the reasons – this is called an Office Action. Our Orlando patent attorney will have the opportunity to fix the problem with the application or to appeal the office’s decision.

Thank you for visiting Daniel Law Offices online. Please continue to explore our website for answers to your most basic questions or visit our contact page. For expert legal counsel, contact a patent attorney in Orlando at 407-841-8375 or nationwide at 1-866-37PATENT.

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