PHARAR PATENTS & INTELLECTUAL PROPERTY

patents

Patent Law services

In the rapidly evolving world of innovation, protecting your intellectual property is absolutely critical. Patents play a vital role in protecting inventions and ensure that they are safeguarded from unauthorized use. As experienced intellectual property attorneys, we are committed to protecting and advancing for our client’s innovations. We specialize in guiding inventors through the complex process of patent protection, helping to secure the rights of unique concepts and designs.

To ensure your innovation is fully protected, it's essential to understand the two key types of patents available, Utility Patents and Design Patents.

Utility Patents

Utility Patents Attorney

Utility patents are the most common type of patent, offering protection for the way something works. This type of patent covers new and useful processes, machines, compositions of matter, or improvements thereof. Utility patents are essential for innovators who want to protect the functional aspects of their inventions. Here’s how utility patents are typically used:

Protecting Functional Innovation: Utility patents safeguard the practical and functional elements of your invention. Whether it's a new machine, process, composition of matter, or improvement thereof, a utility patent ensures that your functional innovation is legally protected from being copied or used without your permission.
Establishing Market Exclusivity: By obtaining a utility patent, you gain the exclusive right to make, use, sell, or license your invention. This exclusivity allows you to establish a strong market position, as competitors are legally prohibited from using your patented technology without your consent.
Driving Revenue Through Licensing: Utility patents can be monetized by licensing the patented technology to others. This allows you to generate revenue through royalties or upfront payments while still retaining ownership of the patent. Licensing can also help expand the reach of your invention into markets or applications that you might not pursue directly.
Deterring Competitors: With a utility patent, you can prevent competitors from copying or reverse-engineering your invention. This legal protection helps to maintain your competitive advantage and discourages others from infringing on your intellectual property.
Encouraging Further Development: Utility patents can inspire additional research and development by providing a secure foundation for future innovations. Knowing that your functional innovations are protected can encourage you to invest in further improvements and new inventions, driving technological progress.

Utility patents are critical for inventors and businesses that rely on technological innovation. They provide robust protection for the functional elements of your invention, ensuring that you can fully capitalize on your creativity and hard work, whether through market exclusivity, licensing opportunities, or continued development.

Within the realm of utility patents, there are two distinct pathways to consider: provisional and non-provisional, each with its own strategic advantages:

Provisional Patents (PPA)

A provisional patent is a temporary placeholder that offers 12 months of protection while you determine the viability of your idea. This type of patent never undergoes examination and serves as a preliminary step. Provisional patents should only be used under certain circumstances as they can delay the process of obtaining a full patent.

Non-Provisional
Patents (NPA)

Non-provisional patent applications are examined by the United States Patent and Trademark Office (USPTO)and eventually mature into a registered patent. We typically advise clients to file for a non-provisional patent directly and to consider accelerating the process. This ensures that the invention is patent pending from the day you file, offering immediate protection. It's important to note that once you make a public disclosure of your invention, you have 12 months to file for a patent. Therefore, it's wise to hold off on publicizing your invention, such as launching a website, until your patent is filed.

design Patents

Design Patent attorney

Design patents protect the way something looks, covering new, original, and ornamental designs for manufactured products. It protects only the appearance of the item and not the functionality of it.. Here’s how design patents are typically used:

Protecting Aesthetic Innovation: Design patents ensure that the distinctive look of your product is protected from being copied or imitated by competitors. This includes the shape, configuration, and surface ornamentation that make your product visually unique.
Strengthening Brand Identity: A product’s design is often closely tied to a brand’s identity. By securing a design patent, you protect the visual elements that make your product recognizable, helping to build and maintain a strong brand presence in the marketplace.
Deterring Copycats: In industries where aesthetics are a key selling point, a design patent can deter competitors from creating similar-looking products. This protection helps you maintain a competitive edge and prevent market dilution caused by copycat designs.
Enhancing Market Appeal: Consumers are often drawn to products with distinctive and appealing designs. A design patent can help you capitalize on this by protecting the elements that make your product attractive, potentially increasing sales and market share.
Complementing Utility Patents: While utility patents protect how a product works, design patents can be used in conjunction with them to offer comprehensive protection. This dual approach ensures that both the function and form of your invention are safeguarded, maximizing your intellectual property rights.

Design patents are essential for companies that place a strong emphasis on the visual appeal of their products. Whether you’re in fashion, consumer electronics, or any other design-driven industry, a design patent helps protect the creative aspects of your product, reinforcing its value and distinctiveness in the market.

How Long Does It Take to Secure A Patent?

Securing a patent is a detailed and multi-phase process that can span anywhere from 1- 5 years, depending on the type of patent and the specific circumstances of your application. The timeline can be influenced by the complexity of your invention, the type of patent application you choose, and the workload of the patent office. Here’s a general outline of the process and what you can expect in terms of timing: 

1. Initial Preparation & Filing (1-3 months):

The first step involves preparing a detailed patent application, which includes a thorough description of your invention, claims that define the scope of protection, and any necessary drawings. Once your application is complete, it can be filed with the patent office. This preparation phase typically takes 1 to 3 months, depending on the complexity of the invention and the thoroughness required in the documentation. 

Patent Office Review (12-36 months):

 After filing, your patent application enters the review phase, where a patent examiner will evaluate your invention for novelty, non-obviousness, and utility. The timeline for this phase can vary significantly:

Accelerated Examination (4-12 months): If you choose to pay an additional fee for accelerated examination, the patent office may issue a first action on your application within 4 to 6 months. The entire process, including any back-and-forth with the examiner, can be completed in 12 months or less. We recommend this option!
Standard Examination (2-3 years): Without acceleration, the review process typically takes 2 to 3 years. The examiner may issue office actions that require responses, which can further extend the timeline.

3. Response to Office Actions (varies):

If the examiner raises any objections or rejections, we will need to respond to these office actions. The time required to address these issues can vary depending on the complexity of the objections and the need for additional amendments or clarifications. This phase can add several months to the overall timeline. 

4. Publication & Final Approval (6-12 months):

Once all issues are resolved and the examiner approves your application, the patent is published and moves towards final approval. During this time, the patent office may conduct a final review, and you may need to pay additional fees. This phase generally takes another 6 to 12 months.

While the timeline may seem lengthy, the protection a patent provides for your innovation is invaluable. With our guidance, you can ensure that your invention is fully protected and positioned for success in the market.

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