Obtaining a Utility Patent
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Reference & Education > Legal
Jun 16, 2007
Obtaining a Utility Patent
A utility patent is granted based on an inventions complete novelty, and the usefulness of the invention. A utility patent lasts for a term of 20 years, and requires a patent fee based on the acceptance of the patent application. Filing a patent is best done with the assistance of a patent lawyer, one to help avoid the potential for patent infringement, and two, to be sure that the details, the organization, and the paperwork necessary to file for a patent is all in perfect order before sending off the paperwork. The U.S. Patent Office is looking for professional presentations and a detailed explanation of the usefulness and creativeness of the utility in which is being applied for. A utility patent can be applied for at a nominal fee of just under $400, plus patent lawyer expenses. While it is not critical to have a patent lawyer assist in patent filing, a patent lawyer is much more reliable than a patent service. Patent lawyers are well versed in patent infringement law and can protect your rights on a much deeper level than a patent service. Patent lawyers cover all aspects of patent infringement law while a patent service is interested in grabbing a slice of the inventor's pie where applicable. The U.S. Patent Office prefers dealing with patent lawyers, as there are few limitations that patent services must acquire in order to call themselves a patent service. Patent lawyers are simply much more professional. Filing for a utility patent with the U.S. Patent Office is a fairly long process. While you are able to place the ever recognizable patent pending emblem on your invention the instant your patent lawyer mails off your completed patent application, you will not receive a patent for another two years in most cases. At that time there will be additional patent filing fees. A qualified patent lawyer can explain all the details if you present a potentially patentable product in your consultation. The U.S Patent Office also requires the inventor to be able to determine the ease and cost of which the utility they are requesting to patent can be produced, marketed, and therefore brought to the public's service. There are maintenance fees required while your patent is protected under patent infringement laws, the U.S. Patent Office's way of encouraging inventors to market their product or to simply give it up to public domain when production and marketing is not available. Patent pending notifications on any given product induce the same patent infringement protection laws. It is recommended that the patent pending notification be placed directly on the product when possible instead of the packaging, although there will be instances where this is not feasible and placing a patent pending notification on the packaging will have to suffice. It takes approximately 6 months before the U.S. Patent Office will return the patent applicant a patent pending filing number. The fees for obtaining a patent can be relatively high and in order to be certain that the money is well spent, a patent lawyer can be a remarkably intelligent decision. A patent search can be done on the small inventor's behalf, which will of course include current patents and existing marketable materials that are distinctively relative to the current offered hopeful patented product. By ascertaining the assistance of a patent lawyer, the chances of patent infringement reduce by nearly 85% and the filing for a patent goes about 75% faster. In many cases, hiring a patent lawyer saves the project from being abandoned by the inventor, as it takes a legal understanding of what the U.S. Patent Office expects as well as a large amount of patent infringement knowledge to file a patent independently. Patent infringement is a great concern to hopeful patent applicants. While it is recommended that a great deal of secrecy remain around an invention, the U.S. Patent Office is not one for prematurely divulging information. Thus, an inventor is likely to only disclose his or her patent pending product to their patent lawyer and the patent office prior to production. After the initial filing of the patent, the inventor is then both subject and protected by patent infringement laws. Once again, if the inventor has acquired a patent lawyer, they already know that the likelihood of filing for a patent that already exists is quite miniscule, and they can now turn to their patent lawyer should they find any instance of patent infringement as it related to their pending utility patent.
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at http://www.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
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