Utility Patents: What Your Patent Lawyer Needs You To Know

//Utility Patents: What Your Patent Lawyer Needs You To Know

Utility Patents: What Your Patent Lawyer Needs You To Know

Is your invention collecting dust because the absence of a patent is keeping you from manufacturing your idea in St. Petersburg? Are you tired of keeping your idea secret because you won’t be able to obtain rights once your innovation is in publication, or in public use?

Since the process takes time, the sooner you connect with a patent lawyer, the quicker your product can jet into the world of commerce.

“Patent Term”

Once you have a solid idea, a patent lawyer can help you go through each step in the process to make sure your invention will remain in your possession for the full “patent term.” The term begins from the date you file your application and will remain yours for 20 years.

The thing to keep in mind is that the filing process can take up to five years and it counts against your term. For this reason, it’s best to find an experienced attorney who you can trust in order to avoid any unnecessary delays that can cut into the time-frame of your term.

Utility Patent

Once you do a search and determine that your idea is in fact patentable, a patent lawyer can help you determine what kind of rights you need. Three types of protections are available: utility, design, and plant. Here, our focus is a utility patent which protects the functionality of your invention—how it works.

How Long Does it Take?

With help from an experienced patent lawyer in St. Petersburg, on average, it takes about three years to receive your registration.

  • Once you file your application, it goes into a queue at the USPTO where it quietly gets in line behind the rest of the requests. Here, it can take well over 18 months before your claim is picked up by an examiner.

  • At the 18 month point, your innovation will be published. Even if an examiner does not yet review your submission, it will become public (there are a few exceptions when it does not publish, but that is uncommon). If not reviewed prior to publication, an examiner will review your submission at some point after.

  • Next, a negotiation between your patent lawyer and the examiner begins. At this stage, the examiner will try to narrow the scope of your application while your attorney will push to claim as broad of an invention as they can on your behalf.

Can I Accelerate the Process?

There are a few acceleration programs that you can apply for if you meet the following restrictions. Fees apply.

  • Age— if you are 65 years or older.

  • Health— if your state of health shows that acceleration is necessary and you have a doctor’s certificate, or other medical certifications to serve as proof.
  • Project Exchange—if you abandon a previously filed submission that is not yet examined, you may request acceleration for your new application.
  • Green Technology— if your invention pertains to clean technologies, such as environmental quality, energy conservation, development of renewable energy resources, or greenhouse gas emission reductions.

Call Your Patent Lawyer in St. Petersburg

The fact that your patent lawyer needs time to help you obtain a utility patent is enough reason to submit the application sooner, rather than later. Claim your invention! Give Larson & Larson a call at (727) 546-0660 to discuss your project. The attorneys at Larson & Larson are engineers first— they know how to speak your language and will understand your ideas.
2016-11-09T16:48:01+00:00 March 18th, 2016|Patents|