Can a patent protect my invention in California?

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Tommy Songfong Wang - Intellectual Property - Super Lawyers

Answered by: Tommy Songfong Wang

Located in Industry, CAWang IP Law Group, P.C.

Industry, CA
Phone: 626-269-6753
Fax: 888-827-8880

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Yes, if you have invented a new product, a patent will protect your new invention. However, it is slightly more complicated than just applying for and being granted a patent from the United States Patent and Trademark Office (USPTO).

Types Of Patents

Many types of patents may be sought in order to protect your inventions. Our firm focuses on the three discussed below, but advises on all various types:

  • Provisional patents: It is recommended that an initial provisional patent be filed to establish an early filing and protection date. This is a more efficient and cost-effective way to obtain early limited protection for an invention or product.
  • Nonprovisional patents: A provisional patent does not develop into an established patent unless the applicant moves forward with filing a nonprovisional patent application within a year of the provisional filing. The nonprovisional patent provides more thorough, longer-lasting protection and can be claimed after a provisional patent has been filed and granted.
  • Design patents: In the U.S., a legal protection granted for the decorative aspects or appearance of a practical item is deemed a design patent. This is a type of “industrial design right” and may be separate from a patent that protects the functionality of an invention.

Applying For A Patent

The USPTO requires that your invention be novel, useful, and not obvious. There are some types of ideas that cannot be patented, and also various exceptions. It is important to be careful about classifying your invention correctly or else you risk having your patent application rejected, leaving your intellectual property at risk. An intellectual property attorney will be familiar with the application process and be able to help you avoid common mistakes.

Protecting Your Patents And Inventions

Getting a patent is a good and necessary step. However, enforcing and defending your patent is just as important. Intellectual property theft, copyright violations and patent infringement can happen at any point in time, whether the product or idea is new or has been around for decades.  If someone steals your invention, what do you do? You need a law firm on your side that will engage in aggressively protecting your patent through cease and desist letters and other means, including litigation when necessary. We at Wang IP Law Group, P.C. work in the U.S. and across the world to see that patents and other intellectual property protections are filed and protected.

Monetizing Your Invention

Once you have a brilliant idea or invention, you may want to monetize your creation. Wang IP Law Group is experienced in business practices in the United States and internationally, allowing us to leverage our experience to help you achieve your goals. From business entity formation to licensing agreements and other intellectual property matters, we are equipped to assist you. We value the relationships with our clients based on mutual understanding and trust, and we are able to provide a number of business-related legal services, including contract draftings and dispute resolution.

Moreover, our services are not limited to just the paperwork and litigation. We are committed to helping innovators at every stage of their process, often matching clients with manufacturers, helping them get products to users, and continuing to protect their patents throughout the life of the product. Whether issues arise here in California, where our office is based, throughout the U.S. or internationally, we have team members worldwide to meet your needs.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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