Tampa Patent Lawyer
What Is the Process of Getting a Patent?
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.
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
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.