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What is a patent and who enforces patent grants in Florida?

Orlando, FL—A patent is something that is issued when an individual or company is looking to protect their invention from being made, used, sold, or imported into the U.S. by another person or entity.1 Patent grants are issued by the United States Patent and Trademark Office (USPTO) and generally remain in effect for 20 years from the date on which the application for the patent was filed.

When an entrepreneur creates a product to sell, whether it will be sold directly to consumers or other companies, they typically want to obtain a patent so that others cannot remake their same product and profit off of it. There are three types of patents in which a person can apply for in the U.S. These include:

 

  • Design patents. A design patent is issued to someone who is looking to protect a “new, original, and ornamental design for an article of manufacture.”

 

  • Utility patents. These are granted to individuals who invent or discover “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement.”

 

  • Plant patents. A plant patent can be obtained by anyone who “invents or discovers and asexually reproduces any distinct and new variety of plant.”

 

According to the USPTO, patents are only effective in the U.S., U.S. territories, and U.S. possessions. If a business owner applies for and receives a patent grant, they then have the right to take legal action against any other parties who use, make, or sell the same product, design, or plant. This means they can sue another party if they were to recreate their product or design and sell it in order to make a profit.

 

What happens if a patent is infringed?

 

Patent infringement is when a patent owner’s rights are violated.2 If someone commits patent infringement, the USPTO says the patentee (i.e. the owner of the patent) must enforce it without help from the USPTO. Therefore, if a business owner has learned that their patent rights have been violated, they can either take legal action on their own or retain an Orlando, FL business law attorney who can help them.

 

Enforcing a Patent Grant in Florida

 

Creating a product or design and getting it patented takes time, effort, and money, and if someone other than the patent owner is profiting off the invention without first obtaining permission to do so must be recognized for their actions.

If an individual’s patent rights have been infringed upon and they are looking to find out what their legal options are, they can contact Legal Counsel P.A. to discuss this with a skilled Orlando business law lawyer. If an individual is wanting to enforce their patent rights and protect their business, Legal Counsel P.A. is ready to help and can be reached at 407-395-2653.

 

Legal Counsel P.A. is located at:

 

189 S. Orange Avenue, Ste. 1800

Orlando, FL 32801

Phone: 407-395-2653

Website: www.legalcounselpa.com

Email: [email protected]

 

Sources:

  1. https://www.uspto.gov/patents/basics
  2. https://www.law.cornell.edu/wex/patent_infringement
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