How to Get a Patent in Florida

Have you been wondering how to get a patent in Florida? The process is the same as the process elsewhere in the United States. You must first go through the patent application process.

What Are Patents, Trademarks and Copyrights?

Patents, trademarks and copyrights signify numerous types of intellectual property. Though there are some similarities and in uncommon circumstances, overlaps in protection, patents, trademarks and copyrights are totally different and serve totally different functions.

  • Patents are "a grant of a property proper by the Authorities to the inventor." Patents permit inventors to prevent others from making, utilizing, or promoting their invention.
  • Trademarks are "any phrase, title, image or system that is utilized in commerce with items and companies to point the supply or origin of the products or companies and to differentiate them from the products or companies of others."
  • Copyrights defend the writings of a creator from copying. Literary, dramatic, musical and inventive works are protected by copyrights. Copyrights protect the type of expression rather than the subject material of the writing.

Patents

The workers within the United States Patent and Trademark Office (USPTO) Public Search Facility or at a PTRC will help you with your search by offering you guidance relating to the process, however they won't do the search for you. Workers may also be able to help you if you want information on a selected patent quantity or other fundamental info. There are currently three Patent and Trademark Resource Centers in the state of Florida. You can find them in Miami, Fort Lauderdale, and Orlando.

As soon as the inventor discloses the invention publicly, he/she has a year to file for a patent with the USPTO. You can apply for a patent online; however, due to the complexities of submitting patent applications, the USPTO recommends getting specialized authorized assistance.

Key parts of patent applications are "claims," which describe the important options that distinguish the invention. An inventor can use patent pending and patent applied to inform the general public that an application for patent on that item is on file within the USPTO.

Trademarks

Trademarks can also be registered with the U.S. Patent and Trademark Office or, for additional restricted state protection, with the Florida Division of State, Division of Companies. Trademark registration gives greater protection.

An applicant is not required to conduct a search for trademarks before submitting an application to the USPTO.

Trademarks last for 10 years. In order for the trademark owner to continue to make use of the trademark to establish its items or companies, he or she must file the paperwork between 5 to 6 years after registration, and renew the trademark between the 9 and 10 years after and each 10 years after that. This allows trademark rights to remain indefinitely.

Copyrights

Copyright safety typically is valid for the lifetime of the creator/creators, with an additional 70 years for works created on or after January 1, 1978. Your copyright registration is a matter of public file. In circumstances of infringement, the copyright should be registered in an effort to file for infringement in a federal courtroom. For copyright discovery, merely place the phrase “copyright” or the image ©, the primary year of publication, and the title of the proprietor of the copyright on the work.

There are five fundamental software types: PA, SE, SR, TX, and VA. Each type protects several creation types, such as:

  • PA software type is for performing arts works.
  • SE software type is for periodicals, newspapers, magazines, newsletters, annuals, journals, and many others works of this type.
  • SR software type is for sound recordings.
  • TX software type is for nondramatic literary works.
  • VA software type is for the graphic, sculptural, and pictorial works, along with architectural work.

The U.S. Copyright Office encourages digital submission of copyright registrations via their Eco system; however, there are different registration options. These include paper forms that may be downloaded online, printed out, and mailed; a downloadable fill-in Type CO, which replaces Kinds TX, VA, PA, SE, and SR, and makes use of 2-D barcode scanning.

If you need help with a patent, trademark, or copyright, you can post your legal need (or post your job) on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.