At Beard, St. Clair & Gaffney, we have years of experience serving individuals, businesses, and families across Las Vegas and Nevada. With a team of qualified, legal professionals, we have the knowledge, experience, and resources to resolve the most complex legal questions and matters.
What is a Patent?
A patent is an exclusive right granted for an invention, which is generally a novel product or process, that provides a new solution to a problem. In order for someone to obtain a patent they must disclose technical information about the invention when applying for a patent.
Why Do You Need a Las Vegas Patent Attorney?
How would it feel to have the perfect new invention that would change people’s lives and make you a ton of money, only to see it stolen out from underneath you? How would you feel if you spent a bunch of time and energy trying to get your invention patented only for the application to fall through?
Chances are your answer to both of those in some variation is an empathetic, “No way!” A patent lawyer knows the ins and outs of not only creating your patent, the application process, and the essential things to do after getting a patent accepted, but they also know how to support their clients every step of the way.
Our team at Beard, St. Clair & Gaffney will assist you by checking that your invention meets all the requirements for a patent, that it will be covered by patent types, and helping you with the application process.
Requirements for a Patent
In order to get a patent, you have to have more than just a “million-dollar idea”. A good idea isn’t going to be enough to get you a patent. There are five basic requirements that every patent holder has to achieve to earn and hold their patents.
- Written Description – Every patent holder must write a detailed description that includes in-depth details about their invention. This may seem counter-intuitive, but your description must include how your product is made, how it will be used, and what purpose it will serve. The description has to be so detailed that someone in the industry would be able to replicate your invention.
- An Actual Invention – This may seem obvious but your invention should actually be inventive. It needs to be something that not just anyone could have come up with or an obvious idea.
- A New Idea – Your invention should be something that would shock and awe not only the public but the people who work in the field where your invention will be used. You want to make sure that you have kept your invention under wraps and private.
- A Useful Idea – Your invention needs to be more than a fun product or a novel idea. Your invention needs to not only serve a useful purpose but should enrich the lives of those who will use it.
- The Invention is Patentable – In order to gain a patent, your invention must be a machine, a composition of matter, a process, or a way of manufacturing.
If your invention hits the above five criteria, then it qualifies for a patent and you are ready to take the first step on your journey to becoming a patent holder.
Three Types of Patents
Once you know your invention is patentable, you should figure out what type of patent you should be applying for. By knowing what category your patent falls under, you will be more prepared to enter into the patent application process.
- Utility Patents – Utility patents are the category that holds commonly used items. Things such as technology, machinery, and home items.
- Design Patents – Design patents hold everything that is of ornament use or design. Design patents can be utilized by clothes designers, furniture makers, and jewelers.
- Plant Patents – Plant patents cover all newly discovered or created plants. This patent has been used by people from botanists to hot pepper growers.
Filing for a Patent
Once you know your invention qualifies for a patent, and you have identified what type of patent you can use, the last hurdle you need to clear is actually filing for a patent. The application process has five parts and our team at Beard, St. Clair & Gaffney is here to assist you in the process.
Step 1: Searching the United States Patent and Trademark Office
The United States Patent and Trademark Office or USPTO needs to be searched to make sure that there isn’t an existing patent for your idea. You don’t want to go through the time, and effort to submit a patent only to find out that it already exists.
Step 2: File an Official Patent Application
To file an official patent application you need to be able to identify what type of patent you are going to make use of. Our team can help you identify which of the three patent types best fits your invention.
Step 3: Collect Information and Documentation
This step is one of the hardest for any inventor. It takes a lot of time, effort, and attention to detail to get all of your documentation together. That is where our team comes in. The better your documentation is, the more protected your patent will be. We want to make sure that your patent is protected against patent infringement.
Step 4: Completion
Most people don’t understand that the patent process can take up to three years to complete. When you work with our team, you are working with professionals who are going to make sure that things are done correctly the first time. We will make sure that a three-year process doesn’t end in heartbreak and frustration due to a small error.
Step 5: Submission
Once all of the steps are complete, the only thing left to do is to submit your patent application through the United States Patent and Trademark Office. This can be done in numerous ways; through the mail, fax, or online through their website. While many may like to do things through the mail, the website is becoming an increasingly popular option. No matter which method you may prefer, our team can help you get your application processed.