How a Patent Lawyer Can Help Your Business
Patent law protects the intellectual property of those who have invented something new. Without a patent, your invention is vulnerable to being copied, used, or sold without your permission or compensation. If you have a new product and want to protect your rights, a patent lawyer from ESQgo, PC can provide you with the guidance you need.
Patent Law Explained
Patent law is an area of intellectual property law that protects new inventions of any type, from scientific inventions to kitchen gadgets. In addition to tangible items, patents can also protect processes. A single product, such as a computer, may involve multiple patented inventions working together, with the patents held by a single party or multiple entities.
A patent is an exclusive right to use an invention, meaning that no one else can produce, sell, or otherwise use your invention without your permission. Unlike trademarks and copyrights, patent protection is not automatic – you do not have common law rights to your patent, you must file an application with the United States Patent and Trademark Office (USPTO). In order to qualify for patent protection, you must demonstrate that your invention meets the following criteria:
- It is new
- It is useful
- It is non-obvious
- It is not a natural object or process
While this may sound straightforward, meeting these criteria is often more difficult than many people realize. An experienced patent lawyer can help you navigate the process to ensure that your patent application is successful.
The Laws On Patent Infringement
If someone uses your patented invention without your permission, you may need to pursue a patent infringement claim, which can include selling an exact copy of your invention or incorporating it into their invention without permission or compensation. In some cases, the infringement may be obvious, while infringement claims in other cases can be very subtle. Generally speaking, patent infringement claims are highly technical and complex. A key element of patent enforcement is understanding what is and what is not protected by your patent.
Patent law strives to protect the rights of inventors without stifling innovation and creativity. As a result, a seemingly insignificant modification may make a substantial difference in the outcome of your claim. As a result, we strongly recommend that you discuss your case with a knowledgeable patent lawyer before you take action.
Why Should I Hire a Patent Lawyer to File a Patent Application?
While you are not obligated to hire a lawyer to file your application for you, successfully obtaining a patent often requires a deep understanding of patent law and the application process. A denial of your application can cost you valuable time and money. In addition, how you prepare your application is almost as important as the substance of your application. An experienced patent lawyer will have the legal skills you need to draft a successful patent application so that you can get the protection you need as quickly as possible.
How Long Will it Take to Get a Patent?
How long the process will take will vary depending on many factors. However, on average, it may take anywhere from 22-30 months for your application to be processed.
Speak With a Patent Lawyer at ESQgo, PC
Whether you want to apply for a patent or have a possible infringement claim, we help inventors protect their rights. To schedule a consultation to discuss your needs and how we can help, contact us today.