Contact HPS Law Group About Your Patent Needs Today
If you are planning to file a patent or would like to work with an attorney to protect an existing patent, contact our law firm as soon as possible. We will be able to go through the specifics of your situation and your needs and give you a clear understanding of how we can provide you with legal support.
Read more below to get a general idea about patents, and contact us now for an initial consultation with a member of our legal team.
What are patents, and what do they protect?
Patents are legal protections that grant sole ownership of an invention for a set period of time, during which the patent holder has exclusive rights to the patented utility, design, or plant. These three patent distinctions provide specific protections for the invention, meaning that you will first need to determine whether your invention is a utility, a design, or a plant. In some cases, a single invention may require a number of patents or may require a number of types of patents, such as a design and a utility.
A utility patent, according to the US Patent and Trademark Office, is any “new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.”
A design patent is any new, original, ornamental design for a manufactured item, such as a specific shape for a phone, packaging for a product (like the iconic shape of a Coca-Cola bottle), or even a particular jewelry design.
Plant patents exist for anyone who discovers an asexually-reproducible and distinctly unique variety of a plant. One of the most widely identifiable patented plants are apples, which, due to the nature of an apple seed, do not grow true from seed. When an apple seed is planted from a parent fruit, the offspring will be an entirely different type of apple, meaning that the varieties we know and love are reproduced asexually, often from clones from a parent plant.
How do I apply for a patent?
You can apply for a patent online through the USPTO website, but before submitting your application you will need to go through an extensive process. First, you will need to ensure that you are not filing for a patent for a non-novel invention, meaning that it is not the first of its kind or a substantial improvement on an existing invention. The line between “novel” and not can be unclear, so working with an attorney to do this research for you can be extremely helpful.
Once you have determined that your invention is truly novel, you will need to complete an extensive application that includes all specifics about your invention that will need protection, as well as a range of additional information. The application process is extremely complex and must be in order to protect existing and future inventions and their inventors. The best way to file for a patent is to partner with a patent attorney in Tucson who can guide you through the entire process.
How can an attorney help with my patent application?
When it comes time to file a patent, trying to navigate the many pages of the application — and the many pieces of information that must be presented in a very specific manner — can be overwhelming for an inventor, especially when they would prefer to work on monetizing the invention as soon as possible. Partnering with an attorney will give you the space and time you need to focus on building a business around your invention while someone else is going through the details of the application to ensure that you will be submitting all of your forms correctly the first time.
Contact our law firm as soon as possible to speak with a member of our team about your situation, and we will be able to talk about how we can support your specific and unique needs.