Prior to filing your patent application, our lawyers may conduct a comprehensive consultation to spot check issues and to decide if preparing and filing a patent application is the right choice for your unique situation. We’ll also review the general patent process so you have an understanding of what you can expect. Upon filing your patent application, we’ll explain the response process to the USPTO, as well as, other elements to the continuation of the process. As a patent lawyer, it is the goal of our firm to provide you with all of your options, in addition to our legal recommendations.
Overview of Your Initial Legal Patent Consultation
The patent process is lengthy, and can take over one year to complete. Along the way, you may experience various options and hurdles that will require a clever solution before being able to move forward. With every decision will be advantages and disadvantages; of which a lawyer can elaborate upon. In general this will begin with developing a plan of action that makes sense, and is in accordance with your budget. This plan begins with an initial legal consultation which is typically scheduled after your free chat with a lawyer.
During your consultation, you and a patent lawyer will discuss the core concepts of the patent process. This should help to create an effective course of action from which you can work upon to protect your intellectual property.
1. Defining the Creation
When it comes to registering your patent, the most important question will be regarding your invention and how it can be defined. You might also discuss its potential uses to ensure you maximize its worth.
2. Review of Existing Products
Known as “prior art” in legal terms, this process involves a thorough review of current devices, methods, creations, or technology that already exists. If you are aware of anything that could be considered as prior art, you should make your lawyer aware of it too.
3. Determine the Best Ways to Protect Your Creation
Your invention could be protected through four types of intellectual property: patents, copyrights, trademarks, and trade secrets. Each of these offer different advantages and protections. Your patent lawyer will review what types of IP you should have, and why.
4. Foreign Protection and Ownership
If your planning to release or license your product or service outside of the U.S., you may need to consider foreign protection. Furthermore, before foreign or domestic patent registration takes place, it is prudent to ensure you actually own the patent. This precautionary measure is taken early on to avoid ownership disputes in the future.
5. Patent Process and Registration
Once you and your patent lawyer have reviewed the aforementioned, as well as a few other details, you may go over the steps and timing of the actual patent process. From this point, the registration may begin.
To learn more about the patent registration process, or to have your questions answered, contact the a lawyer today.
Contact a lawyer, like a business attorney in Charlottesville, VA, for more information.
Thanks to Dale Jensen, PLC for their insight into business law.