Obtaining a Patent in New Jersey
When an individual discovers a brand new idea or invention, they may want to protect it. In order to do so, they can try to obtain a license that ensures the idea is your own and no one else can steal it. This license is called a patent. If you are looking to acquire a patent, it is important to have an experienced attorney to guide you through the process of U.S. patent law.
What is a Patent?
When someone has an idea that is new and unique, they need to preserve the idea as their own. This can be done by obtaining a patent. A patent is a contract between the individual and the government that gives them property rights to that idea for 20 years. It prevents others from stealing or abusing the idea for their own personal benefit. During the 20 years allotted, no one else is allowed to make, use, or sell the idea/invention without the permission of the individual who patented it. There are 3 types of patents to be obtained in the United States:
- Utility Patents: This type of patent protects an invention, product, or method.
- Design Patents: This type of patent protects a decoration or an aesthetic value.
- Plant Patents: This type of patent protects a newly discovered plant
In order to obtain a patent, one must go through a long and possibly overwhelming process. The first part of receiving a patent for an idea is a novelty search. The search finds out if your idea has already been patented, if there is a limit to the patent protection, and where your idea fits in.
You must then draft an application for the patent. This is an important step of the process. For a utility patent, you may wish to file either a provisional application or a non-provisional application. A provisional application allows you to continue work on an idea while it is being protected. A non-provisional application requires information about the idea such as a summary, background information, detailed descriptions, claims, figures, and more.
Once the application is filled out, it is considered “patent pending.” The United States Patent Office will then asses your patent and possibly grant it approval. When it is approved, you must pay insurance fees as well as maintenance fees every few years to ensure your rights.
What Can I Patent?
The three types of patent cover what an individual may patent under U.S. laws. It can range from inventions to designs and even plants. These are ideas that are unique and maybe not obvious to other people. But there are some exceptions as to what may be patented in the United States. Some things that cannot be patented are obvious, abstract, laws of nature, and natural phenomena.
Contact our Firm
If you are looking to obtain a patent and wish to speak with an experienced attorney, contact The Law Offices of Richard E. Novak, LLC. today.
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.