As a patent law lawyer in Melbourne, Florida, we at the Law Offices of Arcadier, Biggie & Wood see this exact scenario all the time:
You’ve come up with a new product and are ready to get it patented. You’ve identified a need in the market where you believe your product will solve a problem. Now you need to protect that idea to make sure you are first to market and no one else can capitalize on your idea. That’s where filing for a patent comes in. But how exactly do you do that? Is it an extensive process? Do you need legal help from a patent law lawyer in Melbourne, FL? In this article, we’ll walk through how to file a patent on your new invention.
What is a patent?
First, let’s define what a patent is. A patent provides legal protection for your intellectual property. Specifically, a patent is for an invention or a product. If your idea is a literary piece (such as a song, book, or artwork) you would need to get a copyright, rather than a patent. If you are looking to protect a logo, tagline, or something else that uniquely identifies your business, you’ll want to get a trademark registered versus a patent. So if you are sure that a patent is what you need to file, keep reading.
How to file for a patent
The basis for filing a patent are describing all aspects and features of your invention and being sure it actually qualifies for a patent, as a Melbourne, FL patent law lawyer can explain. Let’s start with what qualifies as a patent first. Your invention must be new – something that doesn’t already exist. It has to be different from what’s already in the market and prove useful. You have to prove that it solves a need in the market. Also, your invention cannot currently be for sale when filing for a patent.
You will need to describe in much detail your invention. You’ll need to explain how it works, why it’s needed, how it’s different from other products out there. You need to prove that nothing else like it exists. You’ll want to keep very detailed records while you are creating the invention. Take note of the process and date your entries.
You’ll file an application with the United States Patent and Trademark Office with the help of a patent law lawyer in Melbourne, FL. If you are worried about how long it will take to fill out the regular patent application, you can always file a provisional patent application. This gives you a “patent pending” status and it gives you up to a year to fill out the regular patent application. You should also note that a regular patent application costs about $1500 to file while a provisional patent application only costs a couple hundred dollars max.
Do you need legal help to file a patent?
Not necessarily. The US Patent and Trademark Office has written out guidelines you can follow in order to file your patent on your own. The tricky part comes when making sure you’ve filled out the form correctly, given enough detail about your invention, or have any questions. If you are worried at all about filing for a patent (or aren’t as organized as you’d like to be), you may want to reach out to patent law lawyer in Melbourne, FL from the Law Offices of Arcadier, Biggie & Wood, today.