As a business, ensuring you take the time to create new and exciting products and inventions is something you may prioritize. After all, your business is your livelihood, so doing what you can to protect yourself is critical. One such matter you’ll need to consider is filing patents for your inventions to protect them. However, understanding what protections you are granted while your patent is pending is critical. The following blog explores what you should know about these matters, including the importance of working with a Bergen County, NJ patent attorney to help guide you through this process to ensure your ideas are protected.
What Is a Patent?
Simply put, a patent is a legal protection granted to those who have invented something. This provides exclusive control over the idea, meaning that others cannot create, produce, or sell the same product without obtaining explicit protection from the inventor. Essentially, when an inventor files a patent application, it serves as a contract between them and the government that grants the applicant 20 years to have exclusive control over the invention. However, in exchange for this protection, public documents must be provided that explain the details of the invention for public knowledge. This means that others can use this information to learn from and even build upon your initial ideas.
If you wish to file a patent application, you can do so through the United States Patent and Trademark Office (USPTO). In general, there are three types of patents you can apply for. The first is a standard utility patent, as it protects an invention or idea. However, you can also apply for a design patent, which helps protect decorative features, or a plant patent, which helps shield an asexually produced, newly discovered plant.
What Protections Do I Have When My Patent Is Pending?
Unfortunately, many assume that filing a patent automatically provides protection. However, this is not true. When you submit a patent application, you have no legal protection over the invention until it has been approved by the USPTO. As such, you will have no legal grounds on which to file a claim against someone who has infringed upon your idea while the patent is pending.
You can, however, use the fact that you have a patent pending as a warning to those who may infringe upon your idea that, if and when the patent is approved, you may take legal action against the infringer. Patent pending also informs those looking to file an identical patent that your patent would be approved over theirs, as yours was filed first.
The process of filing and navigating patents can be confusing. As such, it is in your best interest to connect with an experienced attorney with the Law Offices of Richard E. Novak, LLC to help guide you through these complicated matters. Our firm understands just how overwhelming this process is, which is why we are committed to helping you fight for the best possible outcome for your circumstances. When you need help, do not hesitate to contact our firm today.