Miami Patent Lawyers for Hire
Why Hire a Patent Lawyer?
Filing a successful patent application requires researching current technology, similar filings, and case law. If you don't want to spend months doing this sort of research, it's best to hire a patent attorney who already knows all of this information and uses it every day.
A patent attorney has a law degree, has passed the patent law bar exam, can prosecute applications on your behalf in front of the United States Patent and Trademark Office (USPTO), and can represent you in patent litigation or infringement cases.
Another question to ask yourself when considering working with a patent lawyer is do you have the time to do this yourself? In addition to all of the research that needs to be done, it can take one to three weeks to fulfill all of the obligations that come with filing a patent.
Do you feel that there is a possibility of infringement on your inventions or ideas? Then you should definitely hire a patent attorney. You may only get one opportunity to apply before infringement occurs, so you want to get it right the first time. A patent attorney can ensure that your intellectual property is properly protected by filing complete applications that meet every deadline.
How to Find the Best Patent Lawyer
There are just over 40,000 registered patent attorneys and agents who can practice before the USPTO. This means that finding a suitable patent attorney in the Miami area could prove to be a challenge. Be sure to consider options in the surrounding counties. Patent law is federal, so you do not need to hire a lawyer in your immediate area unless being able to meet in person is very important to you.
- Ask for recommendations: Go to local inventor groups, speak with businesses in your industry who have used patent lawyers in the past, talk to someone at the Florida State Bar Association, the Miami Lakes Bar Association, Miami Beach Bar Association, the South Miami Kendall Bar Association, or at the Dade County Bar Association for recommendations. Getting a recommendation from someone who has actually used that patent lawyer and can speak of their success is a great place to start.
- Contact several patent attorneys: You don't have to go with the first person you speak with or the first one that is recommended to you. Keep searching until you have a handful of attorneys with the skills and experience to help you protect your invention. Do some research on them and then get in touch to set up a time to discuss your patent ideas.
- Contact the USPTO Office: You can get in touch with the USPTO and speak to someone in the office of Enrollment and Discipline to make sure that the lawyers you are looking into are in good standing with the USPTO. You don't want to hire someone who does not have a good relationship with the USPTO since they will be the agency that evaluates and approves your patent.
- Meet with the attorneys: If they are in the Miami area, meet in person. If they are located further away, schedule a phone interview. This is when you can ask them questions, but it's also where you need to be able to explain your invention. Come prepared. Make sure you have researched other patents that are similar to yours and can explain why yours is different enough to warrant a patent.
- Choose the attorney the best fits your business: You know you want to choose an attorney with experience filing patents, but it's equally important to find someone with experience in your industry and knowledge of your invention. Don't forget the importance of being able to work well together since this is a relationship you are going to have for an extended period of time. Remember, the best patent attorney for you is the one who can secure a patent for your unique invention.
Questions for Patent Lawyers
- Do you have experience working with independent inventors? If the attorney is only used to working with big companies, they may not be used to working one-on-one with an individual whose inventions are close to their heart.
- Do you have experience in the area of my invention? Have they filed patents in the past for inventions that are in the same field as yours? Having someone who understands your invention and has experience working with the USPTO on similar patents can put you in excellent standing when seeking approval for your patent.
- What are your fees? How much will this cost in addition to the cost of the patent application? How will you be charged; by the hour or in some other way? Will you be able to pay in installments? Will someone else in the firm also be working on your project? If so, what will their fees be? Be clear on every cost before signing on with a firm.
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Legal Services Offered by Our On-Demand Miami Patent Attorneys
Our experienced Miami 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 Miami 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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Can You Patent a Process?
Processes are patentable under the U.S. Patent Act if they meet certain criteria. A process patent is a form of utility patent that covers methods of changing the functionality or characteristics of a material during a particular use. The patent-holder is granted exclusive protections and rights to that process for 20 years.
When one patents a business method or, in some cases, a computer program, this is a form of patenting a process. It's now possible to patent subscription-based services, targeted advertising networks, online auction sites, portal sites, email systems, and even discussion forums.
As our society has evolved, intellectual property (IP) issues have evolved along with it. What constitutes IP these days is so much more than the newest machine or physical invention. Today we have genetically modified seeds, new strands of DNA, computer software, chemical formulae, and more. As these issues become more comple
- 9 min read
What Is MPEP 2143?
MPEP 2143 is about "the basic requirements of a prima facie case of obviousness." MPEP stands for "Manual of Patent Examining Procedure," and section 2143 discusses how unique an invention has to be to get a patent.
Not every new idea deserves a patent. For instance, think of a table fan that can oscillate 120 degrees. If you invent a fan that oscillates 180 degrees but is exactly the same otherwise, that's too obvious to patent even if it hasn't been done before. You might get a patent if you invent a fan that oscillates a full 360 degrees, but that's because you'd have to invent a new gear system to make it work.
"Obviousness" is hard to pin down, and that's by design. New inventions can be very subjective, so the patent office wants examiners and courts to have plenty of leeway. Aft
- 8 min read
What Are Examples of Patent Drawings?
Examples of Patent Drawings can consist of charts or illustrations that you use to illustrate an invention for a patent application. If your drawing would help a reviewer understand what your invention does or how it looks, you need to include a patent drawing with your application. Most patent applications will require at least one drawing, so you should understand the elements of an effective patent drawing.
Here are a few examples of patent drawings to help illustrate the drawing formula:
- Cordless optical computer mouse and how it works on the interior
- Bicycle, including the gear and wheel mechanisms
- Shaving device
What is Intellectual Property for Software?
Intellectual property for software is computer code or software protected by law under either a copyright, trademark, trade secret, or software patent.
Why Intellectual Property for Software Is Important
Software innovation is valuable to individuals, start-ups, and businesses. The law is the best way to protect material such as software. To use the law as protection, programmers and businesses treat software as intellectual property.
When you treat your software as intellectual property, you have more control over who gets to use it and how it gets to the public. Otherwise, people might use it without permission, and you'll lose the chance to get paid when people use your software. In extreme cases, you might lose the right to use software you created.
What Is Intellectual Property?
- 8 min read
Patent Law: What Is It?
Patent law is part of intellectual property law and controls what inventions qualify for patents, the patent application process, and how patent infringement is handled.
If you want to get legal protection for your inventions, you should understand the basics of patent law. It may also benefit you to have some knowledge of overall intellectual property law, the background of patent law, what requirements an invention must meet before it qualifies for a patent, and some of the issues that make patent law difficult to navigate.
What Is a Patent?
A patent is a property right that gives an inventor the legal ability to stop others from making, using, or selling an invention for a certain amount of time.
There are three distinct types of p