PAtent prosecution and protection
A patent will give you the right to exclude anyone else from selling, producing, or using your invention for a specified period of time without your express permission.
There is an old saying that there is nothing new under the sun...but you know different. You have conceived of something new and different, something that will perhaps be life-changing for some segment of society, something that you believe has a market just waiting to be tapped. It is the fruit of your intellect and imagination, a unique invention that you feel has value to others, and you want to put it out there, make a difference, and of course, make money. So it is essential that you take every possible step to protect your idea and its execution. A patent will give you the right to exclude anyone else from selling, producing, or using your invention for a specified period of time without your express permission. The tradeoff is that you must reveal your innovation to the public by registering it with the United States Patent and Trademark Office (USPTO). Your invention must be a new, original product or process with an industrial application that is not obvious. Obtaining patent protection requires going through a complex and difficult legal process, which requires the assistance of an expert in the field of patent law. It is absolutely not something you should attempt on your own.
Patents Require an Intellectual Property Law Specialist
Patent law is a highly specialized field. Everyone knows lots of criminal lawyers, personal injury lawyers, real estate lawyers, and business lawyers. But not every lawyer is equipped with the intricate knowledge of this extremely complex area of practice; in fact, relatively few lawyers are qualified to practice in this field. With so much potentially at stake, you will need to engage the services of a highly experienced intellectual property attorney with a legal practice dedicated exclusively to intellectual property law, in order to ensure that your idea is protected and that you will glean the rewards of the creative process that has gone into its conception. Prosecution of your patent and protection of other intellectual property is the exclusive focus of the attorneys of Yee & Associates in Dallas, Texas.
Definition of “Patent Prosecution”
What does “patent prosecution” actually mean in the world of intellectual property law? If you are a first time inventor, you may find the legal jargon pertaining to patent law somewhat confusing. In criminal law, “prosecution” is when a plaintiff, usually the state, brings charges against someone who has committed a crime. In civil law, it might refer to litigation instituted by a plaintiff against a defendant whose wrongful act has caused the plaintiff to suffer damages. In patent law, however, it has an entirely different meaning. Patent Prosecution is the legal process that you must go through to obtain patent protection for a tangible product that you have invented, beginning with an application to the USPTO.
Patent Prosecution vs Patent Litigation
Patent prosecution is not litigation; it is the process of writing and filing a patent application and working with the patent office to obtain the protection for your patent that you are seeking. If you hold a patent and someone has violated your rights under that patent, you might need to bring a legal action against the person who has violated it, which is called patent litigation, but that is another subject altogether. What you need at this point is to hire a patent prosecutor who is not only licensed to practice law but is also specifically licensed to practice before the United States Patent and Trademark Office (USPTO). A patent litigator is not required to have this license, and does not usually need the technical expertise required of a patent prosecutor. The patent prosecutor’s job is to guide the interaction between you, the inventor, and the patent office. This type of practice requires a detailed understanding of technological matters, exacting procedures, and extremely complex legal issues, as well as an awareness of possible pitfalls and how to avoid them.
Expert Legal Help in Dallas, Texas, for Inventors Seeking Patents
At the Dallas, Texas, law firm of Yee & Associates, we provide you with the experience, detailed knowledge, attention to minute detail, and creativity needed to negotiate with the USPTO examiner who must determine if your idea is patentable under United States patent law. All of our attorneys are among the relative few lawyers in Texas who are licensed to practice before the USPTO.
The acceptance of your idea is by no means automatic, and the initial determination may not be favorable. If the examiner issues what is known as an Office Action, stating reasons why your application cannot move forward to obtain a patent, we will prepare a thoroughly researched response to each objection in order to overcome any obstacles that impede the process. Many issues may arise, and the process can be harrowing. Any misstep along the way can be costly and, if not handled skillfully, could potentially stand in the way of your receiving your patent. Applying our experience and expertise, we are able to obtain favorable results for a large number of our clients who ultimately to receive a Notice of Allowance and a patent to protect their invention and allow them to realize the full benefits of their intellectual endeavors.
Experience, Commitment, and Creativity Produce Results in the Patent Application Process
Protect the invention you have worked so hard to conceive and develop—for yourself, your family, and your future. Contact the law firm of Yee & Associates to arrange an appointment to discuss your project and learn about the steps that must be taken to secure your intellectual property with a licensed and registered patent prosecutor. It is important to act quickly lest some other party should move to patent a similar idea. A delay could be deadly, so call the Yee law firm today.