Ideas can be worth a lot of money in today's marketplace. Anyone hoping to capitalize on their idea must protect their interests by working with an attorney to file a patent.
The process of obtaining a patent can be a long and arduous one. It's important that you understand the ins and outs of patents before you embark on your own journey toward registering an idea via a patent.
Here are three things you should know to help you better understand how patents work.
1. There are Three Types of Patents
The first thing you should know about patents is the type of ideas they can protect. There are three primary types of patents available in the United States today: utility patents, design patents, and plant patents.
A utility patent is used to protect a new process, machine, or manufacturing element. A design patent covers new, original, and ornamental designs for manufactured products. Plant patents are issued for the reproduction of a distinct and new plant variety.
You will need to determine which of these three categories your own idea falls into before you can search for a patent attorney that specializes in the type of patent you need.
2. Patents Grant the Right to Exclude
The owner of a patent has the right to prevent any other person or business entity from making, using, selling, or importing any item that is too similar to the claims made in the patent itself. This right is referred to as the right to exclude.
To ensure that you receive the maximum right to exclude, you need to work with an experienced patent attorney. Only the claims defined within the patent application will be granted if your patent request is approved.
An experienced attorney will be able to provide sufficient detail to prevent even the most minute detail of your invention or idea from being left out of the patent.
3. Patents are Territorial
All patents that are issued in the United States are territorial. This means that your idea or invention is protected within the borders of the U.S., but the patent protection ends there.
If you want to make sure that you retain full rights to your idea or invention outside the United States, you will need to work with an attorney who has international patent experience.
It is often necessary to apply for and register your patent in multiple countries to adequately protect your intellectual property.
To get started, contact a patent attorney in your area.
