An invention or revolutionary idea that is valuable to the public can also be valuable to its creator, and they need to protect their interests. You don’t want the time, energy, dedication and perseverance to be squandered, so your best bet is to get a patent. But patent law one of the most complex areas of U.S. law, and the process of obtaining one can be fraught with difficulties. One of the first among many challenges is trying to determine which patent is right for your invention, idea or design.
Which Patent is Appropriate for My Invention?
Patents are issued by the U.S. Patent and Trademark Office and getting one is not simple, and there is a high rate of failure. The requirements to obtain the relevant patent are extensive, and you could end up spending tens of thousands of dollars and decide to abandon your efforts. Before you begin the process of applying for a patent, you first need to consult with a patent attorney in Louisiana.
Inventors, entrepreneurs, artists should protect their work by applying for one of the following patents as outlined in U.S. Code Title 35:
Above are the types of patents available from the USPTO, but most patents are issued for just the three categories discussed below:
Design patent- These patents are issued for new and original ornamental design embodied in or applied to an article of manufacture; it permits its owner to exclude others from making, using, or selling the design.” Design patents issued after May 13, 2015, are granted for 15 years and patents issued after that date are valid for 14 years.
Plant patent- A plant patent is issued for a new and unique plant that is asexually reproduced. It includes hybrid plants, mutants, newly discovered seedlings
Utility patent- A utility patent is issued for “the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof.” A utility patent prevents other individuals from making or selling the patented invention for at least 20 years. The USPTO notes that 90 percent of the patents they issue are utility patents.
If you have questions about getting a patent in Louisiana, you can send inquiries to an inventor’s organization, such as:
Manufacturing Extension Partnership of Louisiana (MEPOL)
2250 Johnston St
Lafayette, LA 70503
How Does the USPTO Decide When to Issue a Patent?
The patent application process is rigorous and time-consuming. Patent officers must consider each application carefully and conduct thorough research on the ideas or items you are trying to patent. When determining if you should be issued a patent, the USPTO will ask the following questions, according to Fortune:
Is it unique and not publicly known?
Does it serve a purpose? Is it useful?
Is it different?
All stages of applying for a patent, from choosing the right one or filling out the application, is critical and complex. That is why it is in your best interest to hire at patent attorney near your Louisiana location to assist you from beginning to end. A lawyer increases your chances of getting the patent you want significantly, so call and set up a consultation. USAttorneys.com can connect you today.