What do I Need to Know About a Patent in New Jersey?
Innovators are a crucial part of the world. It is because of this that when they come up with a new idea, they should protect it as best they can. This is to ensure it does not fall into the hands of the wrong person or it is wrongly used by anyone else. This protection can be obtained with a patent. Continue reading below to learn more and contact an experienced New Jersey intellectual property attorney for guidance during this time.
What is a Patent?
A patent is a contract between an inventor and the government. With this, they are given property rights to their invention, prohibiting anyone else from making it, using it, or selling it for their own benefit without the inventor’s permission. They are allowed this right for 20 years from the date of the application. The three types of patents are as follows:
- Utility patents: To protect the usefulness of the invention
- Design patents: To protect the invention’s decorative feature or aesthetic value
- Plant patents: To protect plants that are asexually produced and newly discovered
How Do I Get a Patent?
In order to receive a patent, this process begins with a novelty search. This works to determine if the invention is already patented, if there is a limit to the protection, and where the invention can fit into the world. Once this is done, the application can be filed so that it becomes “patent pending.” While it is pending, the application is assessed by the United States Patent Office to determine if the inventor should be given approval. If they are, the inventor is required to pay insurance and maintenance fees over the course of the years to keep their rights.
What is Considered Patentable?
It is important to be aware there are certain things that can and cannot be patented. Design and plant products are fairly straightforward. Utility patents, on the other hand, can be more complex. Some inventions that can receive a utility patent can include machinery, processes, man-made products, the composition of matter, and methods. However, there are exceptions to what can be patented. Obvious ideas, abstract ideas, laws of nature, and natural phenomena cannot be patented. If you are unsure about your invention, you can file a provisional application before sharing it with another party.
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.