The patent lawyers at Perdomo Law can help you protect all aspects your intellectual property. From cease and desist, to patent litigation, our attorneys have vast experience in both sides of patent law. You may be an inventor who has someone claiming your design belongs to them, or you may have someone claiming they invented your property. Either way, you should contact Perdomo Law for a legal consultation sooner than later.
Understanding what a patent is can dramatically improve the outcome of your invention. You should also take the time to know how US patent law works so that you can protect your property.
A patent is a guarantee provided to you by the United States government. This guarantee allows you a twenty-year monopoly on an invention that you have created. Each year you are required to pay a fee to ensure that your patent is maintained, or it becomes invalid. While it is valid, you can prevent others from benefiting from your invention on a commercial basis.
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When you receive a patent from the United States government, the inventor must explain in great detail how the invention would be built, and demonstrate its intended use. This protects anyone else from developing your concept, but it does allow other people to study the design.
It is possible for two parties to hold a patent on one specific aspect of an invention. In this case, neither person can commercially utilize the device without the written consent of the other person. Dual ownership may cause some negotiation issues, but we have found getting mutual permission is not a problem provided both parties are benefiting from its use.
No, there is no option to obtain a world-wide patent. Patents are a concept that is restricted by nation, so if someone in another country gets the details of your design, you are not protected by a U.S. patent. Some countries have treaties that provide a secondary form of protection in cases like these. This is obviously a very complicated process and requires a patent lawyer also familiar with International laws, such as Perdomo Law
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If you file your invention with the World Intellectual Property Organization (WIPO), you are not obtaining a patent. This filing allows you to centralize your filing and have thorough research completed before you file for a patent with individual countries. While it does not provide you international protection, it can save you a lot of time and money researching individual countries for similar products, and fees associated with applying for a patent.d form.
Newer patents protect a registered product for up to twenty years from the date of filing. The United States requires a fee to be paid at intervals throughout the 20-year life of the patent. If the annual fee is not paid, the patent will be considered abandoned, and it can be purchased by someone else.
There are many different types of patents in the United States. There are four main types of patents provided in the US, and each one has its intended purpose. In addition to device inventions, here are some other types of patents Perdomo Law can help you with:
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If you feel you have a legal situation involving US patent law, you should contact a patent attorney to explain your situation and potentially assist you through the legal process.
If you are considering a formal agreement, you would not want to enter a patent contract without understanding what you are signing for. and what you could be giving up. A 20-year monopoly on your concept can take have a tremendous financial impact on your future, so you should make every effort to protect your property interests legally.
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What Does A Patent Lawyer Do? (answered)
Copyright 2011 Perdomo Law. All Rights Reserved . Art Licensed by Shutterstock. Images do not depict actual clients and are used to support content. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The hiring of any lawyer is an important decision that should not be based solely upon advertisements. Disclaimer and Attorney Advertising.Looking for a Patent Law firm in NYC with first-hand knowledge of in-and-outs of patenting process? Need patent litigation experts? Look no further!
If when you’re asked to describe your patent case, the first words that escape your mouth are “It’s Complicated…” – you’re our ideal client. Fairchild Law is one of the best local law firms for patent services based in Brooklyn, NYC. Steven Fairchild has 10 + years of intellectual property and patent attorney experience protecting creative works under Patent Law. While there are many patent service providers in USA and New York area, we stand out by offering direct no-nonsense communication, quick turnaround, and affordable pricing to our clients.
Thought about DIYing your patent application? While an honorable and noble intention, you might hear your inner voice cautioning you that a minor mistake can lead to years of delays and even a denial of a patent altogether. Listen to that voice! The DIY itch can always be splendidly channeled into your kid’s Halloween costume. Alternatively, our boutique law firm can save you time and money on your patent protection.
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Short answer – no, you are not required. But there is a very good reason why people bother with it. Think of a patent as of a contract with the government which awards you a monopoly on your invention for a set period of time (15 to 17 years in the US depending on the type of patent). In exchange, the government publishes your invention. Your information is released for others to be able to learn from and improve upon. When the patent expires, your idea goes to the public domain. However, in the time period that you have a patent, you should be able to make a substantial profit on your initial investment and establish your brand in the market, Patents lie at the core of the progress of civilization. This isn’t an overstatement. They enable and foster the development of science and technology. There was a good reason why the Founding Fathers embedded patent law into the US Constitution. Patents in America are amazing. They designed to be a level field because in theory anyone can become an inventor regardless of their education, professional qualifications, age, gender, race – you get the idea. Remember Jennifer Lawrence’s character in movie
? A housewife, barely employed, definitely with no science background, becomes an inventor and a successful business woman. True story. So you see, patents create an economic incentive to invent. For a period of time that the patent lasts, an inventor can recover their costs of developing their invention, plus make a sizable profit. If the invention idea is good, securing a patent makes it very lucrative for the inventor.
Having said that, there are other types of Intellectual Property that protect your rights to an original work and might be better suited for your creation and/or your business model. Before opting for patent services, learn more about Copyright, Trademark, and Trade Secret.
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Sorry to bear some bad news. Unfortunately, not every patent application will be approved and granted a patent. The USPTO (United States Patent and Trademark Office) measures the patentability of an invention based on how it compares to all prior publications. We call them “prior art.” Your invention must be presented in a way that there is no doubt in its originality. If your invention is deemed to be too close to the prior art, then you won’t get a patent. Naturally, prior art is always increasing. Today has less prior art than tomorrow. Tomorrow will have less prior art than a month from now. Someone else might be filing a patent application for the exact same idea as you at this moment. He or she might get the patent, and not you.
You did all that work to develop your idea and someone else beats you to patent? Trust us – it sucks. Don’t let that happen – talk to a patent attorney today! The Fairchild Law Firm can help with a patent search to determine the scope of the prior art so you are informed before investing into a patent application. Having extensive experience in patent law, we are happy to poke holes in your prototype (figuratively speaking) and idea description, so patent office won’t have to.
A utility patent covers the functionality of an invention. It is a much narrower protection. A design patent covers the artistic and ornamental features of the invention. Due to specificity of the patent services USA, inventors often have to
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