Securing a patent can make a major difference for an organization. Particularly when a company is a startup hoping to offer a product that no competitor currently sells, patenting original concepts can be of the utmost importance. A successfully prosecuted patent extends sole usage rights to the patent holder and allows them control over licensing arrangements should other parties want to use a patented concept or product.
Organizations typically require specialized legal assistance during patent prosecution and afterward to maintain existing patents. An attorney familiar with this highly complex area of intellectual property law can provide guidance while preparing to prosecute the patent and protecting an established patent after obtaining one. A lawyer’s guidance can prove invaluable. For example, they can help an inventor, executive or entrepreneur determine whether a prototype is necessary when initially seeking a patent.
Prototypes can be a source of risk
A patent is a form of legal protection for a concept or idea. Inventors and businesses who have legal support can potentially prosecute a patent successfully without a working prototype. Patent applications typically contain information including schematics or detailed descriptions of processes.
While a prototype can help provide a real world demonstration of how the concept operates, it is not necessary for successful patent prosecution. In fact, many companies unintentionally expose themselves to the risk of the intellectual property violations when attempting to manufacture a prototype.
Offshore companies that produce prototypes can easily replicate a concept or product and begin producing knockoff products before the lawyer assisting with the patent applicant completes the prosecution process. Even in streamlined cases where a patent application qualifies for rapid review and fast-track approval, it takes months to secure a patent.
The manufacturer that produced the prototype could potentially release duplicate products during that time, damaging the economic opportunities of the patent applicant who hired the manufacturer.
Lawyers can help with prototype production as well
Prototypes are useful in the post-patent stage when patent holders seek investment or begin marketing their product either to consumers or to other businesses. Once the patent is in place, it is easier to protect an organization’s investments by holding manufacturers accountable should they attempt to infringe on a patented concept or duplicate a patented product.
The same attorney who assists with the patent process could also help protect a company’s intellectual property during prototype production. From negotiating non-disclosure agreements to vetting different manufacturers, the lawyer assisting the business can help facilitate not just securing a patent but also developing a working prototype.
Businesses that attempt to handle these complex processes without support can make minor mistakes that end up having major long-term implications. Reaching out to the team at Saile Ackerman LLC can help organizations with patentable concepts protect an idea and manage the complicated patent prosecution process. From prototypes to patent enforcement, the team at Saile Ackerman LLC can manage the entire process of establishing and maintaining patent protection.
