Patent Lawyer NYC Francelina M. Perdomo Klukosky - Perdomo Law
NYC Patient Law Firm, Perdomo Law, Conveniently Located in Manhattan New York, NY
Learning More about Patents – U.S. Patent Laws and Your Rights
The patent lawyers at Perdomo Law can help you protect all aspects your intellectual property. From "cease and desist," to patent litigation, our attorneys have vast experience in both sides of patent law. You may be an inventor who has someone claiming your design belongs to them, or you may have someone claiming they invented your property. Either way, you should contact Perdomo Law for a legal consultation sooner than later.
What is Patent Law?
Understanding what a patent is can dramatically improve the outcome of your invention. You should also take the time to know how US patent law works so that you can protect your property.
A patent is a guarantee provided to you by the United States government. This guarantee allows you a twenty-year monopoly on an invention that you have created. Each year you are required to pay a fee to ensure that your patent is maintained, or it becomes invalid. While it is valid, you can prevent others from benefiting from your invention on a commercial basis.
When you receive a patent from the United States government, the inventor must explain in great detail how the invention would be built, and demonstrate its intended use. This protects anyone else from developing your concept, but it does allow other people to study the design.
It is possible for two parties to hold a patent on one specific aspect of an invention. In this case, neither person can commercially utilize the device without the written consent of the other person. Dual ownership may cause some negotiation issues, but we have found getting mutual permission is not a problem provided both parties are benefiting from its use.
Can You Obtain a World-Wide Patent?
No, there is no option to obtain a world-wide patent. Patents are a concept that is restricted by nation, so if someone in another country gets the details of your design, you are not protected by a U.S. patent. Some countries have treaties that provide a secondary form of protection in cases like these. This is obviously a very complicated process and requires a patent lawyer also familiar with International laws, such as Perdomo Law
If you file your invention with the World Intellectual Property Organization
(WIPO), you are not obtaining a patent. This filing allows you to centralize your filing and have thorough research completed before you file for a patent with individual countries. While it does not provide you international protection, it can save you a lot of time and money researching individual countries for similar products, and fees associated with applying for a patent.d form.
How Long Does a Patent Provide Protection?
Newer patents protect a registered product for up to twenty years from the date of filing. The United States requires a fee to be paid at intervals throughout the 20-year life of the patent. If the annual fee is not paid, the patent will be considered abandoned, and it can be purchased by someone else.
Other Types of Patents in the United States
There are many different types of patents in the United States. There are four main types of patents provided in the US, and each one has its intended purpose. In addition to device inventions, here are some other types of patents Perdomo Law can help you with:
- Software Patents - In the United States, the software can be patented. There is no restriction in the United States about the kind of product or invention that can be patented, other than a human must make it. The patent must be a physical, tangible item that will be of use in a marketplace.
- Patenting Business Methods - The United States allows for business methods to be patented. However, there is a rule stating that the business method must be technical. However, these rules are very intricate and can be challenging to navigate. If you wish to invest in a patent for business methods, you should consult with a patent law firm for more information and better details.
- Utility Patent - A utility patent is typically obtained when someone wants to provide claims and explain the aspects of how an invention functions. This type of invention patent covers a large variety of inventions, including factory machinery, industrial parts and their mechanics, toys, toy accessories, and medical treatments.
- Design Patent - A patent approved on a design basis protects the aesthetic properties and the ornamental properties of an invention. A design patent only covers what is shown in physical drawings and mock-ups within an application.
- Plant Patent
- A plant patent is applied for when a person has invented, discovered, or crossbred an asexually reproduced plant or plant species. It can also be used for when a person creates a new variety of plant. This plant cannot be a tuber propagated plant or a plant that can be found in an uncultivated form.
Contact NYC Patent Attorney Francelina M. Perdomo Klukosky for a Case Assessment
If you feel you have a legal situation involving US patent law, you should contact a patent attorney to explain your situation and potentially assist you through the legal process.
If you are considering a formal agreement, you would not want to enter a patent contract without understanding what you are signing for. and what you could be giving up. A 20-year monopoly on your concept can take have a tremendous financial impact on your future, so you should make every effort to protect your property interests legally.
Please contact us for a case assessment.
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