Patent Overview
A patent protects an invention permitting only the owner of the patent to make, use or sell the invention claimed in the patent. A utility patent is typically good for 20 years from the date of filing, and a plant patent is good for 15 years from issuance. Most patents we procure for our clients are issued by the United States Patent and Trademark Office, but if patent protection in other countries is desired, we can help with these as well.
Of important note, inventions comprise more than just a unique device or article but can also comprise methods such as but not limited to a process for making an article of manufacture, or the computational steps carried out by a computer.
Frequently Asked Questions (FAQ)
A patent is a legal document granted by the government that provides inventors with exclusive rights to their inventions. It offers protection for new and innovative ideas, products, or processes and prevents others from making, using, or selling the invention without permission. Patents encourage innovation by rewarding inventors with a limited monopoly over their inventions for a specified period of time. In exchange for disclosing their invention to the public, inventors gain the right to prevent others from exploiting their creation. Obtaining a patent requires a thorough application process that involves demonstrating the novelty, usefulness, and non-obviousness of the invention. A patent can provide inventors with a competitive advantage in the marketplace, attract investors, and enable licensing and commercialization opportunities. For comprehensive guidance and assistance with patent applications, enforcement, or other intellectual property matters, consult our experienced team at Leyendecker & Lemire.
By securing a patent, you establish legal proof of your invention’s originality and ownership. This helps deter potential infringers and provides a solid foundation for potential licensing or partnership opportunities. With a patent in hand, you can negotiate favorable licensing agreements, generate revenue through royalties, or even sell your patent outright.
Furthermore, a patent enhances your ability to attract investors and secure funding for your invention. Investors are more likely to support projects that are protected by patents, as it demonstrates the uniqueness and market potential of your invention.
Patents also promote innovation and encourage technological advancements by disclosing your invention to the public. In exchange for the exclusive rights, you contribute to the collective knowledge and inspire others to build upon your invention, driving further progress.
Navigating the patent application process can be complex, which is why it is crucial to work with an experienced intellectual property law firm like Leyendecker & Lemire. Our knowledgeable attorneys will guide you through the process, conduct thorough searches, draft strong patent applications, and help you navigate any potential challenges or disputes that may arise.
Protecting your invention with a patent is an investment in its long-term success. Don’t miss out on the opportunity to safeguard your innovation and gain a competitive advantage. Contact Leyendecker & Lemire today to explore your options and secure the future of your invention.
Yes, there are different types of patents available under United States patent law. The three main types of patents are utility patents, design patents, and plant patents. Utility patents protect new and useful processes, machines, articles of manufacture, and compositions of matter. Design patents protect the ornamental design of an article of manufacture. Plant patents protect new and distinct varieties of plants that have been asexually reproduced. Each type of patent has its own set of requirements and application process, and it is important to work with an experienced patent attorney to determine which type of patent is appropriate for your invention.
A provisional patent application provides a cost-effective and relatively quick way to establish an early filing date for an invention. It allows inventors to secure a “patent pending” status and provides a 12-month window to further develop the invention, conduct market research, or seek potential investors. However, a provisional patent application does not result in the grant of a patent itself. To obtain patent protection, a non-provisional patent application must be filed within the 12-month period.
On the other hand, a non-provisional patent application is a formal application that undergoes examination by the United States Patent and Trademark Office (USPTO). It requires a detailed description of the invention, claims defining the scope of protection, and other necessary components. A non-provisional patent application, if granted, results in the issuance of a patent that provides exclusive rights to the inventor for a specified period.
The decision of which patent application to pursue depends on a number of factors, and the decision is best arrived at by discussing it with an experienced patent lawyer such as those at Leyendecker & Lemire. We can help you develop the best strategy for protecting your invention given your unique goals and circumstances.
To secure your rights and establish priority, it is best to file a patent application before publicly disclosing or offering your invention for sale. Any public disclosure or commercial activity before filing a patent application may jeopardize your ability to obtain patent protection. If your invention has been disclosed, call us immediately and schedule a consultation so that we can assess your circumstances and determine your options.
Additionally, it’s important to consider the potential international market for your invention. If you plan to seek patent protection in foreign countries, there are strict deadlines to file patent applications, often based on the first filing date in your home country.
Given these time constraints and the complexities involved in patent applications, it is advisable to consult with a qualified patent attorney early in the invention process. They can guide you through the patent process, conduct prior art searches, and help draft and file a strong patent application.
At Leyendecker & Lemire, our experienced patent attorneys can provide comprehensive guidance on the timing and requirements for filing a patent application. Contact us today to protect your invention and maximize its commercial potential through patent protection.
In most instances, yes. We highly recommended that inventors have a patentability search performed before applying for a patent. A patentability search, also known as a prior art search, is a review of existing patents, patent applications, and sometimes other publications to determine whether an invention is novel and non-obvious. By performing a patentability search, an inventor can better assess the likelihood of obtaining a patent for their invention and make informed decisions about whether to move forward with the patent application process. Additionally, a patentability search can help identify potential patent infringement risks and guide the drafting of patent claims. The patent attorneys at Leyendecker & Lemire can assist with conducting a thorough patentability search and provide valuable insights into the patent landscape for the inventor’s particular field of technology.
Additionally, international patent protection may attract foreign investors, partners, or licensees who value the broader scope of your patent rights. It can enhance your competitive advantage in international markets and open up new business opportunities.
However, there are also considerations to keep in mind. Filing for patents in multiple countries can be more complex, time-consuming, and costly compared to filing just a domestic patent application. Each country has its own patent laws, requirements, and examination processes, which adds to the overall expense and procedural challenges.
Moreover, maintaining and enforcing international patent rights can be demanding. It requires ongoing monitoring, potential translations, and legal actions in different jurisdictions to address any infringements or disputes.
Ultimately, the decision to seek patent protection outside the USA depends on your business objectives, target markets, and available resources. It is recommended to consult with one of our experienced intellectual property attorneys who can guide you through the process, assess the costs and benefits, and help you make informed decisions tailored to your specific circumstances. Contact Leyendecker & Lemire today to discuss your international patent strategy and maximize the value of your invention globally.
Satisfied Clients
“Leyendecker & Lemire made getting a provisional patent a delightful and simple experience. I highly recommend them and we will be using them for our permanent patent when the time comes. They are both knowledgeable and down to earth. Very easy to deal with. We got our provisional patent within a 2-week time span. Now that’s good lawyering!”
