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A patent lawyer plays a crucial role in helping individuals and businesses protect their inventions and innovations. They are legal professionals who specialize in intellectual property law, particularly patents that come from your brain power. You can find out more about an IP and its different types when you click here.
Like any other asset that you own, an IP is something that you can sell, license, or leave to the next generation. An attorney in New Jersey’s primary responsibility is to guide clients through the complex process of obtaining a patent and ensure that their invention receives the maximum protection wherever they are.
It’s worth mentioning that New Jersey is home to Thomas Edison, who has over 2,300 patents worldwide. You can also call the right lawyer to see if you could be one of the people who can join the most exclusive clubs of patent holders, of which the famous inventor is also a part.
The experts are going to perform key tasks, like thorough research, to determine if an invention meets the requirements for patentability. This involves analyzing prior art, which refers to previous inventions or publications that may affect the novelty or non-obviousness of an invention.
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Contents
Basic Evaluation Criteria
Originality
This means something that’s new and hasn’t been seen, described, or used before. If your ideas already exist, then you can’t file a patent for them. Within a year of introducing your invention to the world, you might want to get help from an Andrew Abramson Patent Attorney to see if you’re eligible in the first place.
Existing technologies can get a new twist where there should be measurable differences from the previous designs. An example is a keyless ignition instead of manually turning a key into it. The former can utilize software and infrared technology to accomplish the same aims as the other to get the patent.
Unapparent Condition
Regulations set by the right entities say that the invention shouldn’t be too obvious to an average individual. Combining several patents won’t be ideal, but if you represent an unapparent idea, then the council may allow you to go ahead and register it.
Useful Invention
Be specific about what your piece is trying to accomplish in the first place. A decorative painting that’s just going to sit around and do nothing in someone’s living room may do nothing, but it can be a different case when it is in the form of a wireless charger for modern smartphones in the form of a sculpture. Its purpose is important, so keep this in mind when making your application.
Types of Patents and Their Importance
Utility ones are the most common type and cover new processes, machines, compositions of matter, or improvements on existing inventions, and these registrations in New Jersey grant exclusive rights to the inventor for up to 20 years from the filing date.
The design types protect the ornamental appearance of an object rather than its functionality. They are used to safeguard unique designs for products such as furniture, jewelry, or electronic devices. The protection lasts for up to 15 years from the grant date, and you can find out more about this legal document at this link: https://dictionary.cambridge.org/us/dictionary/english/design-patent.
Plant patents are granted for new varieties of plants that have been asexually reproduced. This includes plants like hybrid roses or genetically modified crops, and the discoverer can be given up to 20 years from the application and filing date before the expiry of the patent. Afterward, it can become a subject matter in the public domain.
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Steps Involved in the Patent Application Process
Before applying, it’s crucial to conduct a thorough search to determine if your invention is truly novel and not already applied for by someone else, since this ensures that your invention meets the criteria for patentability.
You also need to draft a well-written and detailed filing, which is essential to securing a strong and enforceable patent. A knowledgeable lawyer in New Jersey can assist you in drafting this document, which includes describing your invention’s technical aspects and explaining its novelty.
Once your patent application is complete, it needs to be filed with the United States Patent and Trademark Office, which involves submitting all necessary paperwork, paying applicable fees, and following specific guidelines set by this government body.
The next step is an examination by a USPTO officer who will review its technical content, as well as prior art references found during their search. This phase may involve responding to office actions or conducting interviews with the right people to address any issues that arise. If your invention meets all requirements according to USPTO standards, you will receive an issued utility or design patent granting you exclusive rights over your invention for a specified period of time.