What is a patent?
A patent is a necessity for inventions. It is an intellectual property right that allows inventors to prevent others from making, using, or selling their creations. It is an exclusive right granted to an inventor for their invention, which may include a product, process, software, app, game, sports equipment, design, or another new, useful, and nonobvious idea.
If you have a brilliant idea you know the importance of protecting it. The thing is – not all patents are created equally. It is necessary to have a strong patent application that clearly articulates the claims your patent will cover so as to make it difficult for others to design around. Each claim identifies the individuality of your invention, and what is defendable in case of infringement.
What kind of patents are there?
Utility Patents
These patents are the most common, protecting an invention’s entire structure and function. They can cover a process, machine, manufacture, software, app, sports equipment, game or another composition of matter.
Design Patents
Just as the name suggests, these patents safeguard a product’s ornamental characteristics. It is a popular patent choice for those producing jewelry, shoes, toys, figurines, bottles, containers, and other products possessing unique features outside of their structural design.
Provisional Patent
This type provides short-term patent pending protection. Inventors often file a provisional patent application to make their invention “Patent Pending” while they finalize the design or development of their invention prior to filing a formal patent application, which must be filed within one year of filing the provisional application. It provides additional time and security for an idea or invention. Products with “Patent Pending” label are those that possess a provisional application filing or nonprovisional patent application filing, which is the formal application examined by the Patent Office. The provisional application is not examined but makes the invention Patent Pending for one year until and after the filing of the nonprovisional patent application.
Lhota & Associates Patent Approach
Our primary goal is to ensure each client has the most robust patent possible. We offer support through the entire process, from the conception of your invention to patenting, protecting your patent following its approval, and bringing your invention to market. This goes for both U.S. patents and foreign patent applications.
No matter where you are in your process, our team can guide you through the patent process. We take time to understand your invention and perform research to determine what makes your invention patentable. A concrete understanding of your patent and what other patents are out there will make your application the most effective. We also assist and represent our clients in the prototype and product development stages.
Lhota & Associates Patent Protection
We know that – once you have your patent – you need to keep it safe. During the patent process, we are already preparing for the next best steps to safeguard your patent. We are here to support you in protecting it for the long term. This may include setting up businesses and handling all the necessary contracts to help our clients succeed. Below, you can find a detailed list of our patent services.
Lhota & Associates Patent Services
- Patent searches and opinions regarding the ‘patentability’ of inventions and/or ideas
- Preparation, filing, and prosecution of U.S. Patent Applications before the USPTO
- Patent Infringement searches and opinions
- Patent validity searches and opinions
- Preparation and filing of foreign patent applications
- Litigation of patent infringement cases
- Contracts, including confidentiality and non-disclosure agreements, manufacturing agreements, licensing agreements, marketing agreements, distribution agreements, and non-compete agreements, to name a few
- Legal representation from conception to market.