Owning an invention is great, but you should patent it to ensure it remains truly yours. Many inventors have benefited from patenting their intellectual property. Patent law protects inventors and their creations from imposters or idea thieves.
But, of course, you must patent your invention before enjoying any patent law rights. Most people hire a lawyer to help them through the process of patenting their idea. Ideally, you should choose a lawyer close to you for easy accessibility. If you live in Orlando, for instance, hiring an Orlando patent lawyer for the process makes the most sense.
Before that, however, you should understand what patent law is and how you can enjoy patent rights. Of course, prior to that, you should also make sure that your idea is patentable. If you’re all set, read on to learn more about patent law.
What is patent law?
Patent law is a section of intellectual property law that governs the patent application process, which inventions are patentable, and how patent infringement situations are handled. This law deals mainly with inventions.
In the past, traditional patenting only concerned and protected tangible scientific inventions like the electric lightbulb or the telephone. However, it now protects more invention varieties, including business practices, coding algorithms, and genetically modified organisms.
Of course, the law will only protect an invention if it has been patented, and for that to happen, the invention must be new, non-obvious, and useful. If granted, patent law covers an inventor and grants them the exclusive right to sell their inventions for 20 years.
Rights granted by patent law
As long as you have patented your idea, patent law covers you for 20 years. The law also grants you specific rights to:
Sue infringers
Patent law grants inventors the right to sue infringers. Patent laws have claims, that is, the parts under which the invention is protected. Some patents have a single claim, while others have more. If an infringer violates at least one claim, you can sue them.
If you sue an infringer for a violation, the court can grant an injunction, a strict order, or stop them from infringing your patent, and in the end, may award you for any damages.
You should note that the US government can use your patented invention without permission, but you have the right to request compensation.
Exclude
Patent law also gives inventors the right to exclude, meaning you can prevent other people from using, making, or selling your invention. You can also choose to sell your invention if you create a patent license agreement to allow others to use, make, or sell it.
How to get patent rights
Now that you know what patent law is and the rights it grants you, it’s time you acquaint yourself with how to get patent rights. You may get a patent lawyer to help you through this part of the process.
Once you’ve fully developed your invention, you can start the application process. However, before you start, you should know the requirements for patentability.
Requirements for patentability
Before a patent can be granted, your invention needs to meet a few requirements. You can use the following to determine whether your invention is patentable:
- Your invention must be useful.
- Your invention must fit into a category of patentable inventions stated by the law. That is, it should either be a device, process, machine, or something that can be manufactured. The patentability is debatable if your invention is a business method or printed material.
- Your invention must be novel.
- You must be able to describe your invention in enough detail that someone else can make it.
- Your idea must be non-obvious.
Steps to getting patent rights
Getting patent rights can either be fairly simple or complicated. You should consider getting a patent lawyer to help you through the process, as it will make it much easier.
Here are the steps to follow:
Research your invention
Patenting an invention requires it to be completely novel. The details about the invention must be unique such that another skilled person can’t make the invention work with preexisting information. You should make sure to search relevant publications, intellectual property databases, sales brochures, and other sources that may overlap with your invention or a part of it.
You can also ask a patent lawyer to help you with the research. The USPTO will require that you disclose written documents relevant to your patent. Without these, your patent stands the risk of disqualification.
Determine the type of protection
The next thing to do is to determine which intellectual property protection you need. Are you filing for a design patent or a utility patent?
A design patent protects how the invention looks, while a utility patent protects how it works and is used. Ensure you check for overlapping patent protection, which makes your invention more valuable.
Draft patent application
Once you’re sure about the patent you are applying for, you can start drafting your application. You can write your own application or ask a patent lawyer or agent to help you.
It is recommended to hire professional help to avoid having your application rejected if you left out some technical terms, misused terms, or your application isn’t standard enough. It might cost you more money, but it’s the best option.
Then, after it’s complete, proceed and submit your application.
Work with the examiner
After submitting your application, the examiner in charge may summon you in case of disparities. You should work with them to prevent rejection of your patent application.
The examiner will let you know why your application doesn’t meet the requirements, and you should respond to the commentary within the required time, or your application will be dropped. A patent lawyer can help you with this, and should your application be rejected, they can help you appeal.
Maintain the patent
After resolving any issues from the application process, your patent will likely be approved, and it will be up to you to maintain your patent. Once approved, you are set to pay the maintenance fee and check your patent status.
Conclusion
Patent laws exist to protect inventors from infringers. As an inventor, acquaint yourself with the laws so you can know if someone is infringing on your rights.
It is advisable to work with a patent lawyer when applying for a patent to make the process run smoothly. Your lawyer can do the research on your behalf, write your applications, and communicate with the examiner to ensure approval.
