Patent Attorney Charlottesville, VA
If you have created a new product, you might want to talk with a Charlottesville, Virginia patent lawyer from Dale Jensen, PLC. For years we have been securing patent and patent licensing for a broad range of clients. If you wish to protect your financial and creative interests, filing for a patent could be a smart decision. To learn more, please call today.
What is a Utility Patent?
A utility patent is the most common type of patent used to protect new creations or inventions. A utility patent, that is new, functional, and non obvious, may be granted by the United States Patent and Trademark Office for:
- Business systems
- Manufacturing processes
- Chemical compounds
- Compositions of matter
- Improvement on an earlier patent creation
Utility patents account for nine out of ten approved patent applications, as a patent lawyer in Charlottesville, VA can explain. They are extremely valuable and should not be misunderstood. In order to qualify for a utility patent, the USPTO examiner must find that the creation is:
- Useful: Your creation should have a purpose and properly be able to carry out that function
- Novel: The creation should be new. It cannot exist in another patent.
- Nonobvious: The creation should not be obvious to a reasonable person.
This element of a patent application is very important; however, if not done right problems could arise. Apart from being denied a patent altogether, if you put more items into a claim than need be, it may be easier for a competitor to get around your patent. Although you can file for a utility patent on your own, it is not advisable and could cost you a lot of money, time, and other losses.
The Importance of Utility Patents
A utility patent is not the same as a design patent, as a Charlottesville, VA patent lawyer can explain. The later covers the look of an invention or product. Design patents do not protect the function of a creation, generally do not protect against product variations, and likely will not offer wide spread protection. A utility patent is meant to teach other people and encourage innovations from the original invention. It describes how systems or other creations could be made from the patent.
By having a utility patent, the holder will:
- Have exclusive rights to the patent
- Be able to prevent others from manufacturing, selling, or using the creation
- Have control over the importation of similar/same inventions from outside the U.S.
- Be able to pursue legal action if there is an infringement
Reasons to File for a Utility Patent
- You want to license your patent to another party or parties
- You want to improve a current product
- You want to protect you creation, but may not be ready to earn money with it
Reasons Not to File for a Utility Patent
- You want to patent the look or appearance of a creation
- You don’t intend on protecting your creation or patent
- You don’t have the money to file for a utility patent
Regardless of the aforementioned reasons that might be applicable to you, it is recommended that you seek consultation from a qualified patent lawyer in Charlottesville, VA. It might be possible that feasible solutions, that pertain to your circumstances, could exist. To schedule a complimentary consultation with a skilled Charlottesville, VA patent lawyer, call Dale Jensen, PLC today.