
Lakewood Patent Lawyer
When you have an invention, it is understandable that you want it to be protected from someone else taking it and profiting off it. This is where patent law comes in. A patent can protect your idea or invention from being made or sold by others. Navigating this law requires an understanding of the intricate legal principles surrounding patents. Fortunately, a Lakewood patent lawyer can explain the law and guide you through the legal aspects of patents.
Why Choose Us?
At Four Reasons Legal, we have over 15 years of experience in working with intellectual property. An asset attorney from our firm can provide you with the knowledge you need to apply patent law to your invention or project. Our team has the skills to protect your intellectual property and enforce your rights.
We believe in a tailor-made approach, as we look at the unique details of your situation to meet your specific needs. We can help you with patent applications, licensing, enforcement, and litigation to maximize your intellectual potential.
Understanding Patent Law
If you have developed an idea or invention, securing a patent is critical for protecting your intellectual property. A patent gives you the exclusive rights to your invention for a designated timeframe. A patent forbids others from making, using, or selling your invention without your expressed permission. Patent matters can be complex, so an asset attorney is beneficial when engaging with the process.
There are three main types of patents given by the United States Patent and Trademark Office (USPTO). These include:
- Utility patents. Utility patents are used for new inventions. These can include machines, processes, and manufactured systems, among others. Most patents are in this category.
- Design patents. Design patents cover the design or appearance of a design, rather than the function of it. An example of this would be a logo.
- Plant patents. Plant patents, as the name implies, cover plant varieties. These plants typically can be asexually reproduced.
A patent must meet three criteria to be valid. These are:
- The invention must be a novelty. This means that it must be new and not a previous invention that was already available to the public.
- The invention must be “non-obvious.” This means that the invention must be its own advancement and not an obvious improvement to an already existing invention.
- The invention must be useful. This means that the invention must serve a practical purpose.
How a Patent Lawyer Can Help
A patent lawyer can assist in many phases of the patent process. While some aspects of the patent process may not require the aid of a lawyer, doing the whole procedure alone can be risky and time-consuming. An attorney can guide you through the legal process and avoid errors, delays, and rejections. Some of the areas an attorney can help with include:
- Patent prosecution
- Patent processing
- Patent litigation
- Patent portfolio management
- Due diligence in business transactions
Patent Prosecution
Patent prosecution is the process of obtaining a patent by working with the patent office. This includes drafting, filing, and negotiating with the USPTO. A lawyer can conduct a patent search to make sure other patents do not exist that are similar to the one you are applying for.
They can prepare a strong application for you, making sure you meet all the deadlines and requirements needed for your application. They can also communicate with USPTO on your behalf if there is a delay or request for additional information.
Patent Licensing
After receiving a patent, you can license it to third parties to generate revenue. A lawyer can negotiate licensing agreements on your behalf. They can also make sure the royalties and payment terms are fair. Your attorney can make sure the terms of your agreement are legally enforceable and that you fully understand the agreement.
Patent Litigation
If another person or party uses, produces, or sells your invention without your permission, an attorney can represent you in the litigation process. They can send cease and desist letters, file legal claims to recover compensation, defend you in court, and negotiate a settlement on your behalf.
Patent Portfolio Management
If you have multiple patents, a Lakewood attorney can manage them all so your patents are properly maintained. Patent portfolio management can include keeping track of renewal fees, regularly auditing your patent to assess its strength and relevance, and even assisting with any international patent matters if you plan to market your idea internationally.
Due Diligence in Business Transactions
In business transactions, certain processes must typically be followed. An attorney can make sure you follow the due diligence you need to complete the business transactions. This includes evaluating patents when mergers and acquisitions take place, reviewing your ownership rights, and making sure the patents are correctly transferred if you decide to transfer ownership.
Mistakes to Avoid When Filing for a Patent
When filing a patent, those who apply must adhere to strict guidelines to protect their intellectual property. There are a few common mistakes you can avoid when filing for a patent. These include:
- Revealing your invention to the public before receiving the patent. Doing this can harm your ability to secure a patent. It can also enable someone else to take your idea and pass it off as their own, thus allowing them to profit from it.
- Poorly researching for similar concepts. Conduct thorough research to make sure you know whether an invention like yours already exists.
- Poorly writing your claim. Your claims section must be strong, as it is the heart of your patent application. This can be the difference between an enforceable and unenforceable patent.
- Missing deadlines. Applying for and maintaining patents requires strict adherence to deadlines. Missing them can cause you to lose your IP rights.
Contact Four Reasons Legal
Patent law can be highly technical and complex. Even though it can sometimes be confusing, an attorney at Four Reasons Legal can explain the law and work through the legal process. Contact us today to begin securing your innovation and protecting your intellectual property.