You have a brilliant idea, maybe one you have been contemplating for years, and it is finally time to get it out there into the world. You have worked long and hard on perfecting the details, working out the kinks, and ensuring that it is of the highest quality. It would be devastating for all of your hard work to suddenly become worthless because someone else caught wind of your idea and took it as their own. With a California patent attorney, you can make sure that your idea remains yours.
What Is a Patent?
Patents, which are issued by the United States Patent and Trademark Office (USPTO), were designed to protect original inventions and ensure that the creator maintains all rights to their product for a set amount of time. With a patent, the owner of an invention has the right to sue anyone who recreates, sells, uses, or distributes their product without the owner’s permission. Patents include not only new inventions but new improvements to currently existing materials as well.
There are various types of patents for different types of inventions. They include:
- Utility Patents. These are used to protect inventions in the form of machines, processes, articles of manufacture, and compositions of matter.
- Design Patents. These cover new designs that can be applied to other objects. Examples include jewelry designs, patterns for the coverings on furniture or in vehicles, and fonts or icons used in technological devices.
- Plant Patents. This is exactly what it sounds like. Plant patents protect any new invention or discovery of a variety of plants. New varieties of trees, flowers, vegetables, or other types of plants can be covered by this type of patent.
Patenting Technology
Regardless of the type of patent that you seek, patenting your technology will require an in-depth explanation of the research and work you did to create your product. For this reason, it is helpful to keep detailed notes as you are in the creation process. The specific process required for patenting technology is as follows.
- Filing the initial application and potentially a PPA.
- Following any instructions that the patent office(s) may give you.
- Being ready and willing to explain your technology to patent examiners.
Protection
Knowing what a patent protects is important, but it is also important to understand how your product is protected. Patents do not prevent individuals or businesses from violating your patent, but they do allow you to take legal action if or when this happens.
Timeframe
It is important to understand your patent will not last forever. Each patent is granted for a limited amount of time, the most common being twenty years from the time that you file an application.
Once that set amount of time ends, your invention becomes available to the public and can be publicly manufactured and distributed without your permission.
Provisional Patent Applications
Filing for a Provisional Patent Application (PPA) does not ensure that your product will receive a regular patent. Its purpose is to protect your product while you are in the process of acquiring a patent. Upon obtaining a PPA, your product will be labeled as “patent pending,” meaning that competitors will likely not touch it. Filing a PPA is an important step because if competitors are working against you, this document records the date that you began pursuing a patent.
Criteria for a Patent
The USPTO gives four criteria that must be met in order for your product to be eligible to be protected by a patent. They are as follows.
- Working and able to be used. When you apply for a patent, your idea must be more than a thought in your head, even if it is an elaborate one. It must be tangible and able to be put into use.
- Descriptions of how to make your product, as well as how to use your product, must be provided.
- Your invention must be something that has not been made before, something new.
- Your invention can include improvements to existing products or inventions, but it must still be something that is new and has not previously been thought of or used.
FAQs
Q: How Do I Protect My Invention Before a Patent?
A: You cannot be too careful in protecting your ideas, especially if you are pursuing a patent in the future. By filing a Provisional Patent Application (PPA), you are able to protect the future of your invention. From there, you will have a one-year time limit to file a non-provisional patent application. Filing a PPA communicates to any competitors that your patent is pending and will be coming soon.
Q: How Can You Protect Your Rights to Your Idea With a Patent?
A: Obtaining a patent will help protect your invention from being made or sold by anyone else without your permission. You will reserve the rights to your property for the time that your patent allows. For some, this can be up to twenty years. You can apply for a patent by filing an application, where you will describe what your invention is and what it does.
Q: Are Inventions Protected by Patent Law?
A: Inventions are protected by patent law. The term invention can cover a wide array of products, including a new form of technology, simple tools, designs, software, a process, and more. If you have created something new that can be used and marketed, it is vital to get protection for your invention.
Q: What Can Inventors Do to Protect Their Ownership of a Technology?
A: Technology can be protected by a patent. With the protection of a patent, you will be given the legal right to sue anyone (individual or business) who attempts to use, market, sell, or distribute your technology without your permission. This ensures that you remain the sole owner of your technology, at least for as long as your patent states.
Protecting Your Invention
If you need legal assistance in obtaining a patent for your technology, do not hesitate to reach out to The Myers Law Group today. Our patent attorneys can guide you through the process and help ensure that your property is protected.