What is the Process of Getting a Patent in New Jersey?

What is the Process of Getting a Patent in New Jersey?

Our country was founded on inventors, and the freedom to invent. Thanks to our brightest, most innovative fellow Americans, we can enjoy life as we know it. If you have an idea that is unique, new, useful, and not obvious, there is a good chance you can obtain a patent. While America prides itself in innovation to advance the greater good, Americans also understand that inventors deserve the financial benefits and credit they are due. This is why it is so important to obtain a patent. If you are considering entering the patent process, here are some of the questions you may have:

What is a novelty search?

The first step in the patent process is conducting a novelty search. By hiring an experienced attorney, you will gain a greater understanding of where your invention fits in and whether anything has already been patented to stop or limit your patent protection. By hiring an attorney, you may be able to obtain a wider scope of protection, thus making your patent more valuable. However, without an IP attorney’s assistance, you may request a patent that is too broad, leading to a rejection by the U.S. Patent Office. 

How do I draft a patent application?

For a utility patent application, you may file a provisional or non-provisional application. Essentially, a provisional application will help you protect an idea that is still in the works. A non-provisional application includes most information regarding your completed invention, including a summary, a background of the invention, figures, claims, a detailed technical description of the functionality, an oath or declaration, and more. However, if you are applying for a plant or design patent, you must include all the necessary information in the document.

How do I file a patent?

Once your application is filed, you may label your product with the term “patent pending.” From here, an examiner will assess your patent request. This is considered a subjective process, as the examiner has the right to argue the scope of the application or deny the application altogether. For global protection, you have one year from the date you filed your U.S. patent to apply to foreign countries. However, applying for a foreign patent can be an extremely complex process, as procedures vary by country. Once your patent is approved, you will pay the issuance fees, and you are provided all of the protection your patent offers for a limited period of time. Patents in the United States have a 20-year time limit. You are required to pay maintenance fees on the 4th, 8th, and 12th year of your patent’s life to secure your rights to the invention.

Contact our Bergen County 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.