Experienced IP Lawyers To Guide You Through The Patent Process
In many ways, ideas are a business’s most valuable asset. Protecting a new product, process, design or formula is critical to maintaining a competitive edge. At Saile Ackerman LLC in Poughkeepsie, we help our clients navigate the patent process and protect their ideas if patent infringement or other intellectual property disputes arise. We work with companies throughout New York, the U.S. and internationally.
Our advantage begins with the fact that intellectual property law is our focus. Our ability to successfully secure patents for our clients is due, in large part, to two distinctive characteristics of our firm:
- Our thorough knowledge of highly technical products, platforms and other concepts – Many of our IP attorneys have advanced degrees in engineering and physics, so they can understand our clients’ highly technical products and write about them.
- Our extensive experience with the United States Patent and Trademark Office – This allows us to craft patent applications that clearly and effectively communicate what is novel about our clients’ inventions and what aspects need to be protected against competitors.
Navigating The Patent Process
Is it patentable? The first step in the patent process is determining whether an idea or invention is patentable. It must be new and nonobvious. We will conduct a patent search to determine if the idea is already patented in the U.S. or internationally.
What type of patent is required? The three types of patents are utility patents, design patents and plant patents. Each type of patent has its own eligibility requirements and protects a specific type of invention or discovery. (For example, a plant patent makes it possible to patent new varieties of plants, excluding sexual and tuber-propagated plants.) Most patent applications filed at the U.S. Patent and Trademark Office (USPTO) are utility patents. These provide protection to “anyone who discovers any new and useful process, machine, article of manufacture or compositions of matters, or any new useful improvement thereof.”
File a provisional patent application. U.S patent law is a first-to-file system, not first-to-invent. A provisional patent application will protect you from having someone beat you to the paperwork and claim they had the idea before you did.
Prepare and submit your application. The patent application process is complex. An experienced patent attorney will help you gather the necessary information and submit the strongest possible presentation. It takes one to three years for a patent application to process. You don’t want to have unnecessary errors or simple mistakes delay the review. A patent application can be filed electronically through the USPTO website, by mail or by fax.
Work with an examiner. Once a patent application is submitted, it is assigned to an examiner who determines if the application meets the requirements. If it does not, you will have opportunities to make amendments. If you use a patent attorney to file an application, the USPTO will only communicate with the attorney. If your patent application is rejected twice, you may appeal the examiner’s decision to the Patent Trial and Appeal Board (PTAB).
Receive your approval. If it is determined that your patent application meets all requirements, you will receive what is known as a notice of allowance.