Patent Process

Experienced Bergen County Patent Process Attorney

Guiding clients through the patent process

If you have a unique and useful idea, you may need to consider the process of obtaining a patent. Obtaining a patent can be an overwhelming process and having the right representation can guide you through and help you achieve your goals. The Law Offices of Richard E. Novak, LLC has the necessary experience to provide you with quality and effective legal services when faced with Intellectual Property matters. If you are ready to patent an invention, our firm is ready to assist you and ensure that your rights are duly protected. This is a simplified overview of the patent process. The United States Patent and Trademark Office is busy handling the overwhelming volume of patent applications so the process can take between 3 to 7 years. If you need an effective intellectual property law firm to represent your rights and future, contact The Law Offices of Richard E. Novak, LLC.

Novelty Search

The first step in obtaining a patent is to conduct a novelty search. The Law Offices of Richard E. Novak, LLC will help you find out where your invention fits in and whether anything has already been patented to stop you or limit your patent protection. In some cases, you may be able to obtain a wider scope of protection and make your patent more valuable. In other, less fortunate cases, without the guidance of a knowledgeable IP attorney, you could request a patent that is too broad, leading to a rejection by the U.S. Patent Office. When starting out the process of obtaining a patent, it is in your best interests to retain the service of a seasoned intellectual property attorney to formulate a strategy to optimize the protection for your unique and useful idea.

Drafting the application

Drafting the application for your patent is a crucial step in the patent process. The Law Offices of Richard E. Novak, LLC will help you decide the best course of action, working with you to attain the optimal scope of protection for your invention that will satisfy the legal standard of the U.S. patent office. For a utility patent application, you can file a provisional application or a non-provisional application. A provisional application helps you protect your idea while you continue to work on it. A non-provisional application includes most information, including a summary, claims, a background of the invention, figures, a detailed technical description of the functionality, an oath or declaration, and more. If you are filing an application for a design or plant patent, you will include all of the important information in the document.

Filing a patent and the U.S. patent office examination

Once you have filed your application, you are allowed to mark your product with the term “patent pending.” For global protection, you have 1 year from the date you filed your U.S. patent to apply to other countries. Applying for a foreign patent can be an overwhelmingly complicated process as procedures vary by country.

After filing your application with the U.S. Patent Office, an examiner will assess your patent request. This process is widely considered to be subjective as the examiner has the right to argue the scope of the application or deny the application altogether. Regularly, this should not be a major issue as we can help you iron out the outstanding issues brought by what they call “office actions.”

Approval of your patent application

Once your patent is approved, you will pay the issuance fees. Now that your patent is granted, you are provided all of the protection it offers for a limited period of time. For patents in the United States, the time limit is 20 years. You will need to pay maintenance fees on the 4th, 8th, and 12th year of the patent’s life to secure your rights to the invention.

Contact our Bergen County IP law firm

The patent process is a complicated undertaking without the guidance of a skilled and experienced intellectual property attorney. If you have a useful and unique idea for a patent, you should contact our firm for an exploratory meeting where we can help you decide if you should pursue a patent. If you need our quality legal support and guidance, contact The Law Offices of Richard E. Novak, LLC for a consultation today.