Answering Your Frequently Asked Questions About Patents
The legal world of intellectual property law regarding patents and trademarks can easily get confusing. Though, ultimately, it’s all about protecting the creative and innovative ideas of scientists, entrepreneurs and creators. Schneer IP Law PLLC was founded in 2015 by CEO and managing member Ryan Schneer after his many years of working as an examiner at the U.S. Patent and Trade Office (USPTO). The firm’s attorneys know that there are a lot of questions that can arise when navigating the complex world of patent law. Below are some of their answers to the most frequently asked questions. If you are considering the legal services of Schneer IP Law, the firm offers an initial consultation appointment designed to address any additional questions that you may have, specific to your invention, specialized process or innovative technology.
What is a patent?
A patent is the right to exclusively own and use an invention, product or innovative process that changes or adds to the existing technology or methods already used. Patents cover innovations or inventions, such as methods, systems and compositions of matter.
When is patent protection available?
Patent protection is available for almost every technology, with the exception of some natural products and some implementations of software.
What are the requirements to get a patent?
To obtain a patent, one must meet certain statutory requirements. First, the invention must be novel, which means that the invention was not previously publicly disclosed: (1) by others; or (2) by you or your company at least one year before filing a patent application. Second, the invention must be “non-obvious,” which means that it must provide more than an incremental improvement over what came before. Third, the invention must be clearly and properly claimed, disclosed and enabled, so as to allow one skilled in the technical field to reproduce the invention. The attorneys at Schneer IP Law PLLC have experience obtaining patent protection to protect intellectual property throughout a wide range of technologies across multiple industries.
What are the different types of patents?
There are three types of patents:
- Utility patents: Utility Patents protect the functionality of an invention. A utility patent can be used to protect an apparatus, a machine, a composition of matter, a chemical formulation, a computer-readable medium, a software method, a chemical process, a medical device, and much more.
- Design patents: Design patents protect the ornamental appearance of an invention. Design patents have increasingly become a powerful mechanism to protect the “look and feel” of a product. Design patents also provide enhanced protection for a physical object’s appearance and trade dress.
- Plant patents: Plant patents are granted to those who have invented or discovered a new and distinct variety of a plant and protects the holder’s right to exclusively asexually reproduce, sell, or use the plant.
Schneer IP Law provides intellectual property services for utility patents including patent searches, patent filing and more in numerous industries. The attorneys at Schneer IP Law can transform your idea into a high-quality technical and legal document that is ready for examination at the United States Patent and Trademark Office (USPTO).
How do I get a patent for my idea?
To apply for a patent, you will need to file a patent application with an international patent office (such as the USPTO). You also have the option to file a provisional patent application for one year of additional protection. You will then need to file a full application (sometimes called a “non-provisional” patent application) after the one-year period ends. There is also the option of obtaining international patent protection (via the Patent Cooperation Treaty or PCT) after the one-year period ends. The patent application must comply with the statutory requirements, discussed above.
Schneer IP Law was founded by a former patent examiner who understands how to navigate U.S. patent law’s complex maze to efficiently obtain commercially advantageous patent portfolios. Leveraging several innovative tools, the firm procures strong, high-quality patents within reasonable time frames. Utilizing the strategic use of patent examiner interviews, analyses of patent examiner statistics, prioritized examination through the Patent Prosecution Highway (“PPH”) and the USPTO Track One program, in addition to several automated patent tools ensure that you are getting the most of your attorney’s time.
Call Now To Protect Your Innovative Ideas
If your innovative and creative mind invented a new product, process or technology, the lawyers at Schneer IP Law want to protect it. Call the firm at 646-762-5077 or send an email using the online form to schedule an initial consultation appointment today.