Patent Lawyer Orange County

Patent Applications

Most consumers have noticed a U.S. patent number marked on packaging or products at one time or another, but that may be as far as their familiarity with patent law extends. A patent does not grant the owner of the patent the right to produce or sell a product. Rather, it gives the owner the right to prevent others from unlawfully copying the innovation which makes their product unique.

The Scope of a Patent

The scope of any patent lies within the geographical boundaries of whatever country in which the patent was obtained. Essentially, a United States patent is enforceable within the United States and its territories and possessions. If an individual wants to expand their business into other countries, they need to obtain patents from each of those countries in order to enforce their rights in those countries.

The claims of each patent determine its scope within its territory. Patent applications consist of several parts, including a specification describing the invention, claims, an abstract, and drawings. An Examiner at the patent office carefully reads the claims to understand the specific embodiments of the invention that the inventor wishes to protect. If the Examiner deems that the embodiments are unique, a patent is granted.

Types of Patent Applications

In the United States, an inventor may file a Provisional Application for Patent, which is not examined and does not become a patent. This application protects an earlier filing date for an invention that is in need of development. The first person to file generally receives recognition for the idea and also the patent. Within one year of filing a Provisional Application, the inventor must file a Non-provisional Application which will be examined and may become a patent.

The Non-provisional patent application may be filed without benefit of a Provisional application. These patent applications are reviewed by an Examiner who ultimately determines the patentability of the invention.

Procedures and Timing of Patent Applications

When it comes to hiring a patent lawyer Orange County residents have several options to choose from. To achieve the best scope of protection, they should consult an attorney before there is public disclosure of their invention. Inventors will have difficulty obtaining a patent if their product has been displayed or sold more than one year prior to filing. This public disclosure could be cited as prior art in the application and may prevent the inventor from obtaining a patent. When retaining the patent lawyer Orange County firm, inventors should be prepared to disclose full details regarding their invention so that the attorney can write the application.

Patent Lawyer Orange County team have broad experience assisting inventors with the complex process of obtaining a patent. Contact a Patent Lawyer Orange County team with the solid experience and the technical understanding necessary to smooth the way to obtaining the patent protection you need.

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