Patent Protection: Protect Your Ideas and Inventions
Don’t let your ideas go unprotected. Albuquerque Business Law can patent your invention thus securing your right to prevent others from making, using, selling, or distributing your product.
If you’re starting a business, or you just have an idea of a new product, let us determine whether you need or are able to obtain patent protection. A patent may be obtained for any new, useful and unobvious invention. All patents are federally registered with the United States Patent and Trademark Office.
The patent protection process is full of many potential pitfalls and can be very arduous. It is also extremely lengthy. It can be anywhere from 1 to over 3 years before receiving the first office action after filing a patent. The amount of time depends on the area of technology that the patent falls into. An office action is issued by the patent examiner and it cites prior art and gives reasons why the examiner has allowed the claims or rejected them.
Make sure your invention really is patented
It’s important that the patent protection is drafted in such a way to get you the broadest possible coverage. By using the wrong language in your patent application you could possibly obtain a patent that does not actually protect your invention as is. This could be very costly down the road if you think your product is patent protected and then you later find out that it isn’t.
It’s important that the patent protection is drafted in such a way to get you the broadest possible coverage
Albuquerque Business Law is experienced in getting you the broadest possible coverage for your invention. We will first perform a due diligence study in order to see what other inventions are already out there and whether it’s feasible to pursue a patent. Trying to patent something that is already out there would just be a waste of money.
By performing a due diligence study we hope to insure that your patent can and will be granted. At this point, we will issue an infringement opinion stating the likelihood of obtaining a patent. Then, if there’s nothing in the prior art too similar to your invention, we can pursue the patent protection. We will use the prior art to draft your patent in such a way that it does not infringe on any existing patents. The average time it takes to get a patent is 22 months. While the patent is pending, the inventor can mark “Patent Pending” on their product. Albuquerque Business Law can also be retained to respond to any office actions that may, and almost always do, arise during the process. Contact us and we will discuss the necessary steps to insure nobody has the right to steal your invention.
Obtaining patent protection is an important step in building your company and can add significant value.
Obtaining patent protection is an important step in building your company. It can add significant value to your company because you essentially have a market monopoly position for a period of years. There are certain time limits to obtaining a patent after you come up with the idea. The clock can start when you start using the product in public, selling the product, etc. Don’t wait before it gets too late. Contact us so we can get your patent filed before you are barred.
Trade secret or patent?
Some companies choose to protect their invention via trade secret instead of a patent. Trade secrets, unlike patents, are never registered or disclosed. Because you don’t register a trade secret, you have the ability to keep the invention out of the public domain forever, unlike patents that usually only last 20 years. The Coca-Cola formula is the most well-known example of a trade secret. If you decide a trade secret is best for you, let us work with you in order to establish appropriate procedures to secure your confidential information and minimize the risk of inappropriate disclosures of your trade secret.