How do I Get a Patent in New Jersey?
The country is full of bright and innovative individuals. Those who have an idea that is unique and can result in financial benefits usually want to protect it. This can be done in a variety of ways, such as obtaining a patent. With this, the government grants them the exclusive right to manufacture, use, or sell their invention for a certain number of years. Continue reading below to learn more about how this is done and contact an experienced New Jersey intellectual property attorney for assistance.
What is a Novelty Search?
To obtain a patent, the first step is for a novelty search to be conducted. Also known as a patentability search, this is done to find out whether or not an invention may be patentable by searching relevant prior work. During this time, it can benefit an inventor to hire an experienced attorney to have a better understanding where their idea fits in, if anything similar already exists, and if your protection may be limited. You may be able to get a wider scope of protection with the help of an attorney. This can make it more valuable. Without the proper guidance, it is possible to request a patent that is too broad and cause it to be rejected.
How do I Draft a Patent Application?
The type of application that is filled out can vary depending on the kind of patent that is needed. For example, utility patent applications may require an inventor to file a provisional or non-provisional application. A provisional application will help to protect an idea that is still in the works. A non-provisional application includes most information regarding a completed invention. This includes a summary, a background of the invention, figures, claims, a detailed technical description of the functionality, an oath or declaration, and more. Those applying for a plant or design patent must include all necessary information in the document.
How do I File a Patent?
When an application is filed, the inventor is able to label their product with the term “patent pending.” While pending, an examiner assesses the patent request. It is important to know that, during this time, the examiner has the right to argue the scope of the application or deny it. To receive global protection, inventors have one year from the date they filed the U.S. patent to apply to foreign countries. This process can be complex, as procedures vary depending on the country. Once a patent is approved, the inventor is required to pay issuance fees before being provided the protection their patent offers for a period of time. In the United States, patents have a 20-year time limit. Inventors are required to pay maintenance fees on the 4th, 8th, and 12th year of the patent’s life to secure rights to the invention.
Contact our Firm
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.