Las Vegas Patent Lawyers
Why Hire a Patent Attorney?
A patent protects your intellectual property and prevents others from producing, marketing, and selling a similar invention. There are over 280,000 patents filed every year, and nearly 300,000 utility patents were granted in 2015 alone. This is a crowded space with intense competition. Though the United States Patent and Trademark Office (USPTO) allows anyone to file for a patent, it's best to have a knowledgeable patent attorney guide you through the process.
Las Vegas inventors can get assistance from the Nevada Inventors Association to guide them in their business efforts. However, this valuable resource is no substitution for a patent attorney. The right attorney will help with:
- Choosing the Right Patent: You have many different options when it comes to filing a patent. You may need a utility patent for inventions such a new technological device, chemical composition, or research methodology, or a design patent for a non-functional creation such as an interior design concept.
- Filing in the Appropriate Order: Filing a patent involves several steps. A provisional application is the first step for most inventors. This provides a 12-month window in which the applicant can file a utility patent. A non-provisional patent is more complex, but only this will lead to an actual patent. You may also choose to file for international patent protection. You should file for protection under the Patent Cooperation Treaty (PCT) within a year of your U.S. patent application. This provides you with 30 months to file for protection in countries that participate in the treaty.
- Understanding Your Patent Search Results: You can only file for a patent if you have an original invention or idea. This is the most difficult part of the patent process. A patent attorney will help you assess the competition and determine how you can distinguish your patent from others.
In your search for a patent attorney, you may also find professionals known as patent agents. A patent agent can assist with the application process but lacks the legal qualifications and expertise to represent you in cases of patent licensing or patent infringement. Choose a Las Vegas, Nevada, patent attorney for the most comprehensive services.
How to Find the Best Patent Attorney
There are significant differences between patent attorneys. Choosing the wrong person to assist you in this effort can result in a patent denial from the USPTO. Make sure you're choosing the most qualified person for your project, while still staying within your allotted budget.
Choose your patent attorney based on the following:
- Ability to Understand Your Patent: Patent attorneys must have a degree in an area that provides specific technical expertise they can apply to patents. This might include chemistry, engineering, pharmacology, or other similar areas. Make sure your attorney has a degree in an area that's relevant to your invention. Whether you're patenting a new piece of digital technology or a beauty formula, there's a Las Vegas patent attorney equipped to deal with your application.
- Experience with Patent Filing: If your patent is in a highly competitive area where there are several similar patents already on file, you should look for an attorney that has a long history with similar cases. However, if your patent is fairly straightforward with minimal competition, you can probably choose a more affordable attorney who may be newer to the arena.
- Qualified Background: Patents are a matter of exclusive federal law. You don't have to work with a Las Vegas patent attorney to file a valid patent. However, you should look for someone who is licensed with the Nevada State Bar to ensure that they have a strong educational background and good standing in the state.
Make sure you hire someone who is licensed as a patent attorney and not simply a patent agent. An agent can assist you with the paperwork associated with patent filing, but they have not passed the USPTO patent bar exam. If you later need assistance with a case of patent infringement or patent licensing, an agent will not be able to assist you, while an attorney can continue to meet your needs. Many patent attorneys are also experienced in other areas of business law that you may find useful.
The right Las Vegas patent attorney will help you protect your invention and ensure that any future profits from your idea will belong to you.
Questions for a Patent Attorney
- What do you charge for your services, and how are your services billed?
- Will I get a free consultation for our initial meeting?
- Will you provide your patentability opinion for my invention in writing?
- Who is responsible for completing your patent search and what are their qualifications?
- What types of clients do you typically work with?
- How do you meet with your clients? Do you take primarily in-person meetings, or conduct your business via phone and email?
Once you've found the right fit, you'll be able to successfully file your Las Vegas patent with the greatest chance of success.
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Legal Services Offered by Our On-Demand Las Vegas Patent Attorneys
Our experienced Las Vegas patent attorneys & lawyers represent individuals and businesses throughout the world with domestic and foreign patent preparation and prosecution matters. They have extensive experience handling applications from nearly every sector of technology, including biotechnology, computer hardware and software, communication networks, internet systems and methods, automotive, medical equipment, construction technology, consumer electronics, and clean technology research and development.
Our patent attorneys are of the most highly trained in the industry, requiring a scientific background, and passing a second level of testing known as the Patent Bar Examination. Thousands of patents are submitted to the patent office every day and a patent committee reviews each patent for its validity. The process requires that correctly drafted documentation present a clear case for the novelty of the invention, which is best made by a patent attorney with a higher education background in your industry.
Our Las Vegas patent attorneys & lawyers can help you file a provisional patent, which lasts for 1-year and allows you to immediately begin using/manufacturing your invention with the confidence that your idea is protected. These types of patents are great if you think your idea will change a lot over the next year before you file a (non-provisional) patent. These patents are easier to obtain and are less expensive but you should have a patent lawyer review your provisional patent application to insure that you are meeting your objectives when you file your patent.
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- 7 min read
What Is a Utility Patent?
A utility patent is the most common type of patent. The United States Patent and Trademark Office (USPTO) gives patents for:
- Machines and devices;
- Manufacturing processes or business systems;
- Compositions of matter or chemical compounds; or
- Improvements on earlier patents
that are new, functional, and non-obvious.
Utility Patents: What Are They?
Utility patents make up about 90 percent of USPTO-approved patent applications and are among some of the most valuable patents in the world. Utility patents:
- May be electrical, mechanical, or chemical.
- Provide broad protection for intellectual property.
- Can protect product variations with only one patent.
By definition, utility patents protect functional and new inventions and systems. Claims in a utility patent recite the essential part of the inventio
- 8 min read
What Is Patent Pending Infringement?
As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission. If this happens, they are infringing on your patent, assuming it gets issued. However, you cannot sue until your patent gets issued.
Say you invent something and want to sell it. You need to apply for a patent to prevent others from stealing your work and using it as their own. A patent is the only way to stop others from infringing on your work. The sooner you file a patent application, the better. You are protected from patent pending infringement from the day that your application is submitted.
Inventors in the U.S. used to worry that others could steal their work during the period between filing a pat
- 4 min read
What Are Patents and Trademarks?
Patents, typically utility patents, and trademarks both protect types of intellectual property. A patent protects the products, while trademarks protect the brand and images of that product.
What is Trademark Protection?
A trademark is often used by a business to protect a specific word, design, or symbol that is tied to the company. Most companies trademark their brand names, products, and logos to prevent copycats or confusion. For example, the Nike swoosh is trademarked to make sure of the quality of the product that it's printed on, and the logo can't be used without approval from Nike itself.
Most companies – like Nike – have written rules for how trademarks can be used (like its size and colors) and what products they can be used with. If those rules aren't followed, the trademark owner can go to court or re
- 8 min read
What Is an Invention Disclosure?
An invention disclosure is the completion of a form that represents the first recording of the invention and establishes the date and scope.
Invention disclosures should include a comprehensive description of something novel and nonobvious explained in a way that allows anyone of ordinary skill in that particular field or industry to reproduce the invention on their own.
Invention disclosure documents have been used to defeat challenges to dates of invention, inventorship, invention scope, and prior art. If you improperly write your invention disclosure, it can result in a complete loss of your patent rights down the road.
What to Include in an Invention Disclosure
Invention disclosures should include:
- The title of the invention
- The inventor's name, address, and phone number
- When and how you thought of the invention
- Date of the act
- 6 min read
What Is a Patent Search?
Patent search tools help you conduct a patent search. Conducting a patent search helps ensure your invention hasn't already been patented by someone else. You can also get insight about what your competitors are developing.
Most commonly, an inventor conducts a patent search to find out if someone has already patented their invention. This involves sorting through existing patents, patent applications, and information about unpatented inventions. All of these preexisting inventions are called prior art.
Why Is a Patent Search Important?
A patent search tells you if pursuing a patent on your invention is worth it. If your search reveals a nearly identical invention has already been patented, your invention won't satisfy the novelty requirement for patentability. That means it isn't new or unique enough