What is New Jersey’s Patent Process?

People have great ideas all the time. We are always inventing new businesses, services, and products. Many don’t pan out, but some of these ideas end up becoming the next big thing. That is why it is important to patent your best ideas. To learn more about patents in New Jersey, continue reading.

What is a Patent?

A patent allows you to protect an idea. It is a contract between an inventor and the government. This contract ensures that the idea belongs to the inventor, and no one else can make it, use it, or sell it without the inventor’s permission.

What Can be Patented?

There are many things you can patent. The three categories of patents include:

  • Utility patents: this is used to patent the usefulness of the invention
  • Design patents: this is used to patent the decorative feature or aesthetic value of the invention
  • Plant patents: this is used to protect plants that are asexually produced and newly discovered

There are some things you cannot patent. A few examples of things you can’t patent include obvious ideas, abstract ideas, laws of nature, and natural phenomena.

How do I get a Patent?

Once you get a patent, you have the right to your idea for 20 years. The first step of obtaining a patent is a novelty search. To do this, you should retain the service of a skilled intellectual property attorney. The novelty search is conducted to see where your patent fits and whether anything like it has already been patented. The next step will be drafting your application. You can file a provisional application or a non-provisional application. A provisional application allows you to patent your idea while still working on it. A non-provisional application is usually filed once you have more information. This information might include the background of the invention, figures, a detailed technical description of the functionality, an oath or declaration, among other things. Once your application has been filed, your invention can be marked “patent pending” and the U.S. Patent Office will examine your request. If your application is accepted, you will have to pay insurance fees. These fees will be paid on the 4th, 8th, and 12th year of the patent’s life to secure your rights to the invention.

If you have a good idea and you are interested in patenting it, reach out to us today.

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.