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Utility Patents & Applications

Patent law may be one of the most complex areas of the law, but it serves a very important role in ensuring that creators retain control over their invention. Patent law strives to achieve a balance between protecting ownership rights while also encouraging innovation. As a result, it can be difficult to know whether your invention is patentable. In addition, the patent process is complicated and time-consuming. If you have invented something new and are wondering about your intellectual property rights, a utility patent attorney from ESQgo®, PC can provide valuable advice and guidance. 

Do I Need a Utility Patent? 

Inventing a new product typically requires countless hours of hard work and a significant financial investment in research and development. Without patent protection, your product is at risk of being copied, reproduced, or used in some other way by other businesses without your permission or compensation. As a result, you may be unable to recoup the time and money you spent on developing your product because someone else has copied your invention. If you have invented something new, a utility patent attorney can discuss whether you should consider applying for a utility patent. 

What a Utility Patent Protects

Whereas a design patent protects the appearance of your invention, a utility patent protects the invention itself – how your product works or is used. A utility patent can be granted for more than just entirely new products. Utility patents are also available for the following: 

  • Processes including algorithms or manufacturing methods
  • New and useful improvements to existing products or processes

Your entire invention may be patentable or only certain features. If you have created something new and useful, a utility patent attorney can review your invention and provide guidance as to whether you should seek patent protection. 

Provisional Patents vs. Non-Provisional Utility Patents

What is a provisional patent?

To be clear, there is no such thing as a provisional patent, but there is such a thing as a provisional patent application. A provisional patent application essentially allows you to establish an earlier filing date for a subsequent patent application. If you file your patent application within one year of your provisional patent application, you can claim the provisional patent application filing date as the date you filed for your patent. This can be very beneficial if you haven’t yet finished your invention but want to protect your intellectual property rights. A utility patent attorney can discuss whether filing a provisional patent application makes sense for you. 

How long does it take to get a non-provisional utility patent?

The patent process can take quite a while – one to three years in most cases, but more complex inventions (such as technological products) can take much longer. Working with an experienced utility patent attorney will ensure that any potential delays are minimized. 

Speak with a Utility Patent Attorney at ESQgo®, PC

At ESQgo®, PC, we focus on helping our clients navigate the complexities of intellectual property law quickly and cost-effectively. Contact us today to discuss your needs and how we can help.