Tampa Patent Attorneys
Who Needs a Patent?
Anybody who wants to exclude others from using their invention. A patent is a government granted monopoly over an idea, typically for 20 years. The U.S. Constitution, Article I, Section 8, Clause 8, allows this monopoly in order to make human ideas exclusive and rivalrous, which are by nature free and non-rivalrous. This generates commercial value. Patents are expensive and often not worth the cost unless you will gain financially by excluding others (competitors) from the market. Many people obtain patents for pride of ownership and this can be rewarding as well. In most cases, patents are obtained to create a competitive advantage in a commercial marketplace.
Want to learn more about the patent process? Contact our patent lawyers in Tampa today.
What Things Are Patentable?
Federal law allows you to patent "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof" 35 U.S.C. §101. Additionally, your idea must be novel and non-obvious. These dual requirements mandate that your idea is (1) not already published or patented, 35 U.S.C. §102, and (2) different from prior art in such a way that it would not have been obvious to a person having ordinary skill in the art to which the claimed invention pertains 35 U.S.C. §103. The application of these requirements is driven heavily by case law and skilled claim construction.
When Should I Get a Patent?
As soon as your idea comes into your mind! One thing many people do not realize about patents is that you do not need to create anything at all! You only need the idea. Another thing some people do not realize is the more people you discuss your idea with others the more risks you create of losing your ability to patent the idea. Therefore this is the first thing you should do if you think you have a novel idea.
Where Are Patents Filed?
Patents applications are filed with the United States Patent and Trademark Office (USPTO), usually online. These are usually more expensive. See these links for more.
- USPTO EFS-Web For Filing Online
- Prioritized Examinations
- Accelerated Examinations
- First Action Interview
- Patent Prosecution Highway
- Priority Document Exchange
How Do I Get A Patent?
Modern Technology & Communication
We have built our practice from the ground up using proprietary information management and software technology. We have streamlined our entire technological process which has allowed us to provide higher levels of expertise, better service, and ultimately a lower cost.
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You can speak with your attorney as much as you want; all fees and costs are known to you before you sign with us.
Real Attorneys, Every Time
Every time you communicate with our firm, you speak with a real attorney. You will be given the cell phone number of your attorney who is there for you every step of the way.