As a patent lawyer Tacoma, WA business creatives depend on from Sierra IP Law, PC may advise, if you have invented a new machine, chemical composition, industrial process, or manufactured article, you may apply for a patent to protect it. A patent is a property right of limited duration, either 15 or 20 years. In exchange for the patent, you must disclose information about it publicly. If someone infringes your patent while you still have the rights to it, you have the legal right to enforce it, whether in or out of court.
There are two types of patent infringement. Someone can copy your invention directly, which is literal infringement. Someone can also produce an invention that is similar to yours. If the elements that you claim in your patent are equivalent or identical in the infringing product, you have grounds for patent enforcement under the doctrine of equivalents.
Keep in mind that patents only provide protection for a limited time. Because the information in a patent is disclosed publicly, it is a simple matter for someone else to find and copy it. If your patent has expired, you no longer have the right to enforce it.
A cease and desist letter is an initial step that informs the other party that he or she has infringed upon your patent and you intend to take legal action unless he or she stops producing and selling the duplicate product. It is often the first step in resolving your dispute with assistance from a Tacoma patent lawyer. If the other party complies with your expressed wishes, it may also be the last step.
If the other party persists in infringing your patent, the next step may be to negotiate a license. This would give the other party permission to use your patented intellectual property in exchange for a fee that he or she would pay to you for the privilege. This negotiation would take place out of court
Another option is to file a lawsuit against the person who has infringed on your patent. Patent infringement is a civil matter, not a criminal one, so you cannot press charges. However, if you have suffered financial loss because of the infringement, you can sue for damages.
Patent infringement suits are expensive to litigate and take a long time. Our Tacoma lawyer patent team from Sierra IP Law, PC can recommend whether it would be worthwhile to file a lawsuit for patent infringement or you stand to gain more from negotiating out of court. Contact our office for a consultation.
When a person builds or makes something they are entitled to the piece or invention that they made, and if this is infringed upon, it may be a good idea to consult with a patent lawyer Tacoma, WA patent holders and business people trust to provide an exceptional level of service with patent matters. While there are many examples of patent disputes, one of the strongest aspects pertains to work, such as a science project. For example; let’s say that someone decided to make a science project that had a strong focus on building a volcano, which has a geyser that ends up demonstrating what happens when a volcano erupts and why it does.
This would be an example of someone owning the rights to such a project. Moreover, using another example, let’s say that there was a scientist that came up with an invention that involved medicine. This would be yet another example of someone owning something that they invented. However, if one is not careful, there can be a time where someone’s work can be stolen and used as a means for another person to claim someone’s work as their own.
First and foremost, someone stealing a volcano project may not be as detrimental as a science invention being stolen and being used for different means. However, the reason why it was brought up was to demonstrate that people can get ideas for work, as a means to steal the ideas of others. Moreover, when issues arise, such as inventions being stolen and used for the personal gain of oneself or for others, patent legal action may be necessary to take.
Moreover, this issue at hand, in relation to taking or stealing the ideas of others, is known as patent law. This is when someone used another individual’s ideas as their own. However, there is more to it than that. Patent law can also apply to fan-made video games as well, which can directly copy an official game and be faced with a cease and desist. In such a case, it would be important to contact a patent lawyer Tacoma, WA. What a patent lawyer would aid in doing, is answering questions pertaining to the case at hand. Now; some examples of such questions that would be asked, would pertain to the following. Has this patent issue been a common occurrence? What issue within the situation would you define as being patent and copyright infringement? These are some questions that would aid in breaking down the case. since not everything is black and white. As such, every case needs to be handled differently.
Moreover, one of the most important things to remember about legal businesses is that it is important to branch out, so that businesses can build upon a multitude of topics. For example, while Sierra IP Law, PC has a strong focus on patent cases, there is also a focus on cases pertaining to trademark work, digital privacy laws, fair use, and more. This kind of work aids in creating a strong client case of a wide variety.
If you want to patent a new invention, you may want to consult a patent lawyer Tacoma, WA residents trust. An experienced lawyer can help you fill out an application correctly and improve your chances of getting it approved. Here are some important qualities to look for in a patent lawyer.
The first step in obtaining a patent is confirming that this is the correct intellectual property protection you need. In order for an invention to be patented, it must be a novel or unique idea and be useful. Once you have confirmed that a patent is what you need, it is critical to perform a patent search to make sure your invention does not already exist. It is highly recommended you consult with a Tacoma, WA patent lawyer for this step. If there is no existing patent, you can apply for one.
One of the criteria for applying for a patent is establishing what type of patent you have. There are several different categories:
A Tacoma patent lawyer will be able to evaluate your invention and determine what type of patent you should be requesting.
At this point, your patent application is submitted to the USPTO.
The patent process is a long one. Patent approval typically takes a minimum of one to two years between the time you submit your application and the time the USPTO issues it.
When the USPTO approves a patent, it will issue a “Notice of Allowance.” This notice will also include a fee that the inventor is required to pay within three months to the date the notice was issued.
If your patent is rejected on the initial application, do not worry – it is estimated that about 85 percent of all patent applications are rejected. Approximately 50 percent of those patents are eventually approved.
One of the most common reasons for patent application rejection is that the USPTO suspects that there is more than one invention on the application. In these situations, the patent examiner will label the application with a restriction requirement, forcing the applicant to choose only one invention in order to proceed with the patent process. At this point, the applicant is allowed to take the removed invention(s) and file separate patent applications for each one. These applications will also have the exact filing date as the original application.
If your application is rejected for any reasons other than the one mentioned above, the applicant has three options:
One of the best ways to avoid rejection – or eventually obtain the patent on reconsideration or appeal – is to make sure you are working with a skilled and experienced Tacoma patent lawyer, like the legal team you will find at Sierra IP Law, PC. Call our office today for a free consultation.
Patents are a powerful tool for protecting inventions, and if you're an inventor, you should definitely consider patenting your invention with the help of a Tacoma, WA patent lawyer near you. But did you know that patent lawyers can get patents for more than just inventions? Check out five amazing things that lawyers can help their clients get patents for. From software to genetic material, these five items may surprise you! Then, you can contact a lawyer at Sierra IP Law, PC to patent your own items.
1) Functional Designs
A functional design patent focuses on how a product works, rather than the physical aspects of the product. These types of patents focus on the invention of a useful object, or a process to perform a function, or an improvement to an existing object or process. In order to be granted a functional design patent, the invention must meet certain criteria, such as being novel and non-obvious. The invention must have tangible elements and be useful in some way. When filing for a functional design patent, the applicant must also provide drawings that demonstrate the specific elements that make up the invention.
Aesthetic patents can be applied to various physical products, such as furniture, clothing, toys, and jewelry. As the name implies, aesthetic patents are related to the physical appearance of a product, rather than its function. Aesthetics patents protect an item's distinctive shape, configuration, surface ornamentation, or other visual characteristics that make it look different from similar items. The overall look of an item needs to be both new and non-obvious in order to receive patent protection.
3) Ornamental Designs
Ornamental designs can be used to protect anything from the shape of a toy to the design on a shoe. For example, if a company creates a distinctive shoe with a unique pattern on it, that company can apply for a patent to protect the ornamental design of the shoe. In order to obtain a patent for an ornamental design, the design must meet certain criteria. The design must be new and original, nonobvious, and not previously disclosed to the public. The design should also be aesthetically pleasing and should not be functional in nature. A Tacoma patent lawyer can provide you with advice and guidance on how to obtain a patent for an ornamental design.
In recent years, software has become increasingly important in our daily lives, making patents even more relevant. A patent lawyer can help you determine whether or not your software is eligible for a patent. Generally speaking, a software patent protects the unique code and function of a computer program. This type of patent helps to protect the creator’s intellectual property rights and prevent others from using or copying their software. It also encourages innovation by granting an exclusive period of time in which the creator has a monopoly on their product.
5) Business Methods
When it comes to patents, many people don't think about protecting the business methods behind their ideas or inventions. This is actually a very important aspect of any intellectual property. Business methods refer to the way a company operates and carries out its services or products. This includes procedures, processes, systems, and designs that are used to provide goods and services. A patent lawyer can help you understand how to protect these methods, as well as helping you understand the differences between copyright and patent protections.
Contact a Tacoma patent lawyer at Sierra IP Law, PC for help today!
"Mark and William are stellar in the capabilities, work ethic, character, knowledge, responsiveness, and quality of work. Hubby and I are incredibly grateful for them as they've done a phenomenal job working tirelessly over a time span of at least five years on a series of patents for hubby. Grateful that Fresno has such amazing patent attorneys! They're second to none and they never disappoint. Thank you, Mark, William, and your entire team!!"
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