UTILITY AND DESIGN PATENTS, TRADEMARKS AND COPYRIGHTS
Protecting Your Invention:
This is one of the most important decisions you will take as you embark on your new project. Starting with our automatic NDA creation, we ensure that from the very beginning we are working together to protect your idea using all available means.
PMI understands the need to patent your invention and we offer many services to ensure our partners can develop their products free of worries. Apart from offering these services we also offer comprehensive case-by-case, unique advice to ensure you can navigate through your journey with peace of mind. Our goals are to provide the following:
- Intellectual Property Services
- Intellectual Property Management
- Case-by-case, individualized advice for IP development based on your specific Goals and Vision
- Key connections to Patent Agents and Attorneys within South Florida and Nationwide
We offer the following Patent Protection Services: (click on each link to learn more)
- Patent Search
- Patent Drawings
- Provisional Patent Applications (PPA)
- Non-Provisional Patent Applications (Utility Patent)
- Design Patents
We strongly recommend patenting any new inventions before showing them to the public (Public Disclosure). Our expertise in this field has allowed us to establish long-standing relations with Patent Agents and Attorneys within South Florida as well as Nationwide. These agents and attorneys handle our patent submissions, office actions and potential litigation issues. Our expertise in this field allows us to leverage our knowledge and serve as an intermediary between the Patent Attorneys and the client. This allows our partners to avoid costly retainer fees or consultation fees.
What is a Patent?
A patent is a registered form of Intellectual Property (IP). It is typically registered in the USPTO (United States Patent & Trademark Office) however there are global entities as well as country-specific IP registration entities available. Usage of each one depends on your product’s market appeal and the potential markets which might benefit from its sale. For example, sun protection products might be more successful in Australia rather than Eastern Europe… Water collection and purification products might be more successful in Africa rather than the UK.
When an individual or corporation comes up with an invention or discovery which is completely or partially new, he can obtain a patent specifically for that invention. Due to how the patenting process operates, the person filing the invention must prove to the USPTO that it meets certain criteria which are as follows:
- Product must be statutory, meaning that it needs to fall into one of four categories. 99.9% of the inventions we deal with at PMI fall under category #2 of Machines. The four categories are as follows:
- Processes (chemicals, computer code, food products, etc.)
- Machines (a concrete thing, consisting of parts, or of certain devices and combination of devices.)
- Article of Manufacture (the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery.)
- Composition of Manufacture (A composition of matter is an instrument formed by the intermixture of two or more ingredients and possessing properties which belong to none of these ingredients in their separate state.)
- Product must be a Novelty. What this means is that the invention cannot have been in the public domain before the application was filed. The USPTO has specific rules to follow which include a 1-year grace period between the time the inventor disclosed his invention to the public and the time he filed for patent protection. We strongly recommend filing for patent protection before doing any type of public disclosure.
- Product should be Useful. In other words, the invention must have a useful purpose. Patents which do not meet this criterion usually fall under the category of Design Patents.
- Product should meet the Non-Obviousness Requirement. This is one of the most difficult determinations within the entire patent process, as the USPTO examiner must make the determination whether the new invention can be pieced together using existing IP from previously granted patents. To make such a determination, an examiner will review previous patent documents as well as published patent applications that are closely related to the invention. If all the features can be found in one patent, or a combination of existing patents the examiner will generally reject the invention as an obvious combination of items known in the prior art.
When a person applies for a patent, he/she must also include illustrations of the invention along with written texts describing the same. These illustrations are commonly referred to as Patent Drawings. These drawings seek to provide a pictorial description of the invention. These patent drawings are also subjected to scrutiny and are required to be submitted in a specific format, with pre-assigned line weights, line types and border sizing requirements. Aside from this, the USPTO also requires multiple views of the invention, showing all its faces, features and working mechanisms.
A provisional patent application (PPA) is a document that serves as a “time stamp” device with the USPTO. It states the exact date on which the invention was claimed for ownership. This PPA is valid for a period of 1 year. After this period, one must file a Non-Provisional Patent Application to establish continuance of the invention and to begin the process of examination and approval.
USPTO Guidelines for Utility Patents are demanding in the sense that inventors must present ideas which are truly innovative, have utility in the marketplace and are feasible to manufacture. The burden of proof lies on the inventor to establish feasibility and utility.
How We Can Help
Our extensive knowledge of the patent process allows us to be a strong partner as you endeavor this process. Starting with a great design that does not infringe on any prior art, all the way to filing a patent as well as developing the idea fully before filing a Non-Provisional Patent, we are your partners every step of the way, ensuring we maintain laser-like focus on the result and a vigilant eye on potential infringement or redundancy. Contact us today to discuss your invention and how we can help you patent it successfully.