Before you share your idea with the world, you might want to get legal protection for it. This can prevent other organizations — like big corporations — from taking advantage of your project. Patent prosecution can be a long and grueling process, and you may not understand intellectual property law well. Once you initiate a patent trial, you’ll want attorneys to back you during the litigation to prevent serious errors.
IP solutions require educated professionals to help protect your innovations. Work with our Washington D.C. attorneys for proper representation. We have experience across many types of industries and businesses. For a consultation, reach out to Greenberg and Lieberman LLC today.
What Is a Patent and How Do You Use It?
A patent is a type of intellectual property protection granted by the government to inventors for their novel, non-obvious, and useful inventions. A patent gives the inventor the exclusive right to prevent others from making, using, selling, or importing the invention for a limited period of time, typically 20 years from the filing date of the patent application.
Why Should You Hire a Patent Lawyer?
A patent lawyer can help you navigate the complex process of obtaining a patent for your invention. Here are some reasons why you might need to hire a patent lawyer:
Expertise
Patent lawyers can provide valuable guidance on the patenting process. They can help you determine whether your invention is eligible for patent protection and guide you through the various steps involved in obtaining a patent.
Strategic Planning
A patent lawyer can help you develop a patent strategy that aligns with your business goals. They can also help you identify potential competitors and develop strategies for protecting your intellectual property.
Drafting and Filing
A patent lawyer can help you draft and file a patent application that meets the legal requirements for patentability. They can also help you navigate the complexities of the patent application process and respond to any challenges or objections from the patent examiner.
Enforcement
If someone infringes on your patent rights, a patent attorney can help you take legal action to enforce your patent and protect your intellectual property.
How to Choose a Patent Lawyer?
Here are some good qualities of an experienced patent attorney:
Strong Communication Skills
A good patent attorney should be able to communicate complex legal concepts in a clear and concise manner. They should be able to explain the patenting process to their clients in a way that is easy to understand and be able to effectively communicate with patent examiners and other legal professionals.
Attention to Detail
Patents are legal documents that require a high level of attention to detail. A knowledgeable patent attorney should be meticulous in their work, ensuring that all aspects of the patent application are thoroughly researched, documented, and prepared.
Work Ethic
Obtaining a patent can be a lengthy and complex process. An experienced patent attorney should be willing to put in the time and effort required to ensure that their clients’ patent applications are successful. They should be responsive to their clients’ needs and committed to delivering high-quality work.
What Are the Most Common Types of Patents?
There are three main types of patents include the following:
Utility Patents
Utility patents are the most common type of patent and are granted for new and useful inventions or discoveries that are non-obvious. These patents can be granted for a wide range of inventions, including machines, processes, articles of manufacture, and compositions of matter.
Design Patents
Design patents are granted for new, original, and ornamental designs for articles of manufacture. These patents protect the appearance or aesthetic features of an invention, rather than its functional aspects.
Plant Patents
Plant patents are granted for new and distinct varieties of plants that have been asexually reproduced, such as through grafting or cutting. These patents protect the intellectual property rights of the plant breeder and prevent others from using or selling the plant without permission.
The Process of Obtaining a Patent in Washington D.C.
Here are the basic steps of obtaining a patent in Washington DC:
Determine If Your Invention Should Be Patented
The first step is to determine whether your invention is eligible for patent protection. To be eligible for a patent, an invention must be new, useful, and non-obvious.
Conduct a Patent Search
Conduct a thorough patent search to ensure that your invention is not already patented. A patent search can help you determine the patentability of your invention and identify potential challenges that may arise during the patent application process.
Prepare and File a Patent Application
If your invention is eligible for patent protection and you’ve conducted a patent search, you can prepare and file a patent application with the United States Patent and Trademark Office (USPTO). A patent application must include a detailed description of the invention, including drawings and specifications, and a set of claims that define the scope of the invention.
Prosecute the Patent Application
After filing the patent application, you will work with a patent examiner at the USPTO to prosecute the application. This may involve responding to office actions and providing additional information to support the patentability of your invention.
Receive Your Patent
If your patent application is approved, you will receive a patent that gives you exclusive rights to your invention for a period of time. Once you receive a patent, you can enforce your patent rights and prevent others from using, selling, or manufacturing your invention without your permission.
During the patent prosecution process, your attorney can explain to you how you can be legally protected according to intellectual property law.
While you can get information from the patent agents at the trademark office, law firms offer the best advice while you are navigating a patent application according to patent law. Get guidance on how to reach out to the appeal board, deal with the inter partes review, and other aspects of litigation. Contact Greenberg and Lieberman LLC now for a consultation.