Do you have a unique idea or invention?
If you have thought of, or even created something brand new, you should consider protecting it with a patent. By doing so, you can protect your best interests for your idea – not only now but well into the future. So who should get one?
If you are considering a patent for your idea or invention, ask yourself this – Would you ever want to…
- Open opportunities up to earn money from your idea or invention?
- Increase your competitive advantage?
- Help prevent conflicts with your idea or invention?
- Have evidence in a conflict, legal or otherwise?
- Have a sound basis for entering into sales and licensing agreements with others?
- Make your business more attractive to partners and investors?
These are some of the top reasons people and/or companies apply for patents. However, there are many more.
Who can apply?
Basically anyone with a qualified idea or invention can apply for a patent – as long as they are the inventor or person to whom the inventor has assigned. There are a few exceptions:
If the inventor is deceased, the application may be made by legal representatives.
If the inventor is legally incapacitated, the application may be made by legal representatives.
Certain citizens of foreign countries are required to apply in their home country before applying in the United States.
Did you know more than one person can hold the same patent?
If two or more persons make an invention jointly, they can apply for a patent as joint inventors. However, a person who makes only a financial contribution is not considered a joint inventor and cannot be joined in the application as an inventor.
Don’t apply if…
Do you work for the U.S. Patent office? If so, you’re out of luck. Officers and employees of the United States Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.
According to the law, the inventor or a person to whom the inventor has assigned or is under an obligation to assign the invention, may apply for a patent, with certain exceptions.
Bottom line? If you have an idea or invention that you want to protect from others exploiting or profiting from it, you should consider yourself a perfect candidate for getting a patent.
Let’s Talk About Your Invention
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
