Idaho Patent Attorneys
As the world of technology evolves, new opportunities for inventors continue to arise. And with the explosion of new products and services appearing on the market every day, it’s important to stay ahead of the competition. One way to do so is by applying for a patent. This provides exclusive rights to make, use and sell your invention. And this is where our patent attorneys come in, to assist you in your patent application/infringement so that your intellectual property stays protected.
What Is a Patent?
A patent is a governmental right granted to an inventor for an invention or design. It bestows on the inventor certain rights that can be enforced against anyone who subsequently makes, uses, or sells the subject invention in that country without permission. The real purpose of patents is not to reward an inventor but to give society access to new ideas.
A patent application, like a recipe, is a disclosure of your invention’s “ingredients.” It is a set of written instructions that describes and illustrates exactly how to make and use the invention.
When Do You Need to Get a Patent?
If you’ve had an idea for an invention, you might want to consider applying for a patent.
Since inventors generally don’t have the resources to pay for the cost of obtaining patents, it’s common practice for them to assign the patent to an organization that will bankroll the process in return for an interest in exploiting the patented invention. This will mean selling or assigning their patents to someone who can take their idea from prototype to product.
Patents are intended to assist the inventor by providing temporary monopoly power in return for disclosure. The sooner you file your application, the closer you come to protecting your invention and the more time you have to refine and improve your idea over time.
What Is Required to Obtain a Patent?
Although the requirements and procedures for obtaining a patent vary according to jurisdiction, there are five general requirements. These include:
- Your invention should be patentable: Subject matter is defined as any composition of matter, machine, process, or manufacture. However, there are exceptions (non-patentable), including printed material, abstract ideas, natural phenomena, laws of nature, artistic and literary creations.
- Your invention should be useful: Is your invention something that could reasonably be made and can work as described in the patent claims?
- Your invention should be ‘new’: It should not be known to the public.
- It should be inventive: This means it should not be ‘obvious’ to an individual who is skilled in the field.
- The writing requirements: This entails the definiteness, enablement, and best mode requirements. It relates to the clear description of the invention in a way that individuals skilled in the field can understand, and the best manner to put it into practice.
Do I Need a Patent Lawyer?
The preparation and prosecution of patent applications and other proceedings in the United States Patent and Trademark Office (USPTO/Office) involving patents and other intellectual property require technical knowledge and skill. This includes Office procedures and practice, knowledge of patent law and technical matters associated with an invention.
There is also a considerable expenditure for fees, printing, and publications. Since individual inventors, consulting firms, nonprofit organizations, or universities often lack both the technical knowledge and financial resources to prosecute patent cases through to final disposal by the Office (issuance of the patent), such persons frequently seek the services of patent lawyers or agents.
Evaluating whether to apply for a patent or not is one of the most important decisions you will make. The right patent lawyer can help you reach an informed decision, reduce your costs and potentially increase your profits once your application is accepted.
How to Choose the Right Patent Lawyer
A properly prepared patent application and prosecution before the USPTO can be difficult to undertake without the assistance of the right patent attorney. It is, therefore, crucial to check their background and experience.
The first step toward finding one is to make sure they have a thorough technical understanding of the field of the patent. In the case of an invention, this includes an expert-level knowledge of the technology as applied to real-world situations as well as a clear and concise ability to explain complex concepts.
To ensure you work with a registered patent practitioner, confirm with the Office of Enrollment and Discipline (OED) which maintains a register of eligible patent attorneys. Only registered practitioners are allowed to represent individuals before the USPTO on patent matters.
What a Patent Lawyer Can Do for You
Knowing the roles of a patent lawyer can help you better understand what to look for. Here is what to expect from your patent lawyer.
- Patent prosecution
- Advises on patent infringement
- Has the required technological expertise
- Complies with the latest scientific developments
- Ensures your design or invention is original through extensive research
- Advises you on the possibility of obtaining a patent
- Has the expertise of preparing a patent draft (legal descriptions of your design/invention)
Expert Knowledge, Unmatched Commitment With Beard St. Clair Gaffney
A patent is crucial if you are looking to protect your new product or design from being stolen, copied, or tampered with. Therefore, making mistakes at the early stages of applying for your patent means you may be vulnerable to people who want to copy your ideas or products.
Let Beard St. Clair assist you with the preparation and prosecution of your patent application. Our patent lawyers bring considerable experience and expertise to every case, whether it involves a small business developing an innovative product or a major corporation protecting its flagship product from infringement. Contact us today for more information.