California Patent Lawyer

Protect Your Interests With Qualified Patent Attorneys

Patenting your invention can allow you to have control over the creation, use, and distribution of that invention. You can profit from your idea and make your plans a reality. Bold Patents can assist you with your journey. Our experienced attorneys can help you complete a patent search, determine if your idea can be patented, and draft and file your patent application. We work to understand the specifics of your situation and the full scope of your industry.

We have spent years working in patent and intellectual property law, which gives us the knowledge, experience, and resources we need to bring you unparalleled legal support. We can help you understand any questions or concerns about the process. Our team can meet your intellectual property protection needs. When you have made a bold invention, you need bold actions. We can determine what solutions are ideal for your long-term goals.

The Basics of a Patent

Intellectual property law covers several types of protection, including patents, copyrights, trademarks, and trade secrets. Patents are a type of intellectual property protection that enables the creator of an idea to prevent others from selling, making, or attempting to sell the invention they made. While large companies have significant resources to file a lot of patents and other types of protection, anyone with a patentable idea can file for intellectual property rights.

Patents only work within the U.S., but having one gives you significant protections as an inventor. If another party infringes on your patent rights, you can file legal action against them. Depending on the type of patent, you may secure other rights. A patent cannot give you the right to sell or import, only control over that ability.

A patentable idea is a first-to-file system, meaning that patents are provided in the order that someone files for them. The sooner you file for a patent on your idea, the less likely that someone else will file for the idea before you and secure the patent.

Having a patent allows you to control who uses, sells, intends to sell, and makes the product you invented. You can use your patented invention to support a business that you already own or plan to start, or you can license it to another company to produce and market it. By patenting your invention, you can prevent others from getting the same competitive edge as you, thus improving your profitability. This protection can last as long as 20 years.

The Definition of a Patent

There are several different types of patents, although each has some basic requirements. Under the U.S. Patent and Trademark Office (USPTO) definition, a patentable invention must:

1. Be usable and not simply a theory.
2. Have an outline of the creation and use of the invention.
3. Be a new invention that has not been made or patented.
4. Not be an obvious invention or alteration to an existing invention in the opinion of a person who is skilled in the field the invention is made for.

Intellectual property law can be complicated and frustrating, particularly because it costs you to complete patent searches and file an application. Mistakes can prolong the process or even add expenses. Patents are not always the right option for your invention. At Bold Patents, our team can help you navigate the process of applying for a patent. We can also determine if another intellectual property option is right for you.

The Process of Filing a Patent

You get an idea patented by filing an application with the USPTO and having that application approved, resulting in the issuance of a patent. Although the exact steps can vary, some important parts of applying for a USPTO patent include:

1. Eligibility of Your Invention: Review the definition of a patent to ensure that your invention meets the basic requirements. Then, complete a patent search to determine if your invention has been previously made or if your idea infringes on another patent that exists.
2. Patent Type: There are three types of patents: utility, design, and plant patents. Determine which one your invention fits under. If it could be more than one, review the benefits and drawbacks of each patent type.
3. Document Your Invention: You want to document your invention fully, including its function and its use. You may want to list the creation and abilities of an invention, make a rendering, or create a prototype. This documentation is crucial to prove that the invention meets the definition of a patentable invention.
4. Create and File the Application: Draft the application for a patent, with documentation. Be sure that you have all the required information on this application. File the application with the USPTO, and pay the filing fees. These fees vary based on the type of application and the size of your business.
5. Follow the Application: Keep an eye on the examination of the application within the USPTO. If there are any requests for additional information, it’s important to respond and cooperate quickly.

A patent attorney can help you create an application, and they can also prevent errors or information request delays. Your attorney can also help ensure that a patent is the right form of protection for your intellectual property based on your current and long-term goals for the invention.

How Does an Attorney Help With a Patent?

A patent attorney is not required to patent an idea in California, but working with one can significantly ease your stress. Getting a patent can be complicated, and an attorney helps you meet the requirements and create a more successful application. As your application continues through the USPTO examination process, your attorney can keep you updated and provide additional guidance.

There are different levels of intellectual property protection, and a patent may not be the right option to protect your interests. An attorney can review the options available to you and explain the pros and cons of each.

Patent Services Provided at Bold Patents

At Bold Patents, we aim to understand your unique needs. That way, we can better provide for your goals of protecting and profiting from your invention. Our team can give you the information you need to succeed. We have many services to help inventors patent and protect their ideas, including:

• Opinions and Eligibility: We provide legal guidance for ensuring that an invention is patentable by definition and through a search of the patent database. The attorneys at Bold Patents can take the steps to determine the eligibility of your creation. We can also help you determine if a patent is the right option for your invention.
• Applications: If a creation is eligible for a patent, our attorneys can gather documentation and draft an application to then submit to the USPTO. We have experience drafting and filing these applications, so we know what information is necessary to help an application be successful after filing.
• Protection and Infringement: If you have been issued a patent, and someone is infringing on the rights granted in that patent, the attorneys at Bold Patents can uphold your rights. We can also provide legal support if you are being accused of infringing on another’s patent.

What Are the Types of Patents?

The USPTO has three types of patents. Each covers a different type or component of an invention. These patents are:

1. Utility Patents: A utility patent is the most commonly issued type of patent. It protects the invention or improvement of a machine, process, matter composition, or article of manufacture. These patents protect the function of an invention and last up to 20 years.
2. Design Patents: A design patent protects the invention of a brand-new and ornamental design of an item of manufacture. It only patents the design of the item, not the function. These last for up to 15 years.
3. Plant Patents: A plant patent is a protection for a new type of plant. A plant patent can be filed for the invention, discovery, or asexual reproduction of a new and unique variety of plant. Plant patents last for up to 20 years.

In most cases, once a patent expires, the protections it provides end permanently. There are rare cases where a patent can be extended, or its protections can be altered. Your attorney can help you review these exceptions and determine other ways to protect an invention.

What Can’t You Patent?

The USPTO doesn’t allow you to patent everything. There are restrictions on what you can patent. You cannot patent:

1. Abstract ideas
2. Ideas and suggestions
3. Laws of nature and existing natural phenomena
4. Nuclear material
5. Atomic energy that is made in an atomic weapon

There may be other options to protect an invention, even if it does not qualify for a patent. Trademarks, trade secrets, and copyrights can help you protect your interests in an invention or give you some level of shielding.

Who Is Allowed to Patent an Invention?

An inventor or their legal representative are generally the only parties who are allowed to file a patent for an idea. If more than one party invented the item, parties can file together as co-inventors. An inventor can also assign an individual or a company the ability to file for a patent. Other than these situations, non-inventors can only file for a patent when one of the following is true:

1. The inventor is dead.
2. The inventor is legally incapacitated.
3. The inventor refuses to apply for the patent.
4. The inventor can’t be found.

Simply contributing money to an invention does not make you eligible to file a patent.

What Is the Difference Between a Patent Attorney and an Intellectual Property Attorney?

Patents are a type of intellectual property, and patent attorneys have knowledge that is specific to patents. Intellectual property attorneys have broader knowledge of intellectual property laws, while patent attorneys have the education and experience that is relevant to patents. Patent attorneys may have some level of broad intellectual property knowledge, but they are licensed by the relevant agencies and have the technical skills needed to deal with patents.

What Is the Difference Between a Patent Agent and a Patent Attorney?

A patent agent is not licensed to practice law or give legal advice, while patent attorneys are. Patent agents are able to provide representation for individuals and businesses, including in USPTO proceedings, but not in legal situations. A patent attorney is licensed to provide this representation.

How Much Does a Patent Lawyer Cost in California?

The cost of a patent lawyer varies. It relies significantly on the skill and abilities of the attorney as well as the specifics of your case. For drafting or reviewing an application, an attorney may only charge a flat fee. However, for longer services, such as protecting patent rights in legal action, an attorney is likely to charge an hourly rate. These rates increase in more complex cases.

The cost of a patent lawyer can also rely on the firm’s unique policies and the location of the firm. A city law firm will likely have higher rates. Patent lawyer costs may seem like an unnecessary expense, but it’s important to understand the many benefits that an attorney can bring to your case. You should always discuss attorney fees and other expected costs with a potential patent lawyer before you hire them.

Bold Patents: Securing Your Financial Interests

The attorneys with Bold Patents focus on you. We know the importance of client commitment and communication. Our team understands that intellectual property law can be complicated, so we are here to help with any questions you have. We want to develop a long-term business relationship to always support you as you patent your inventions. Contact Bold Patents for bold solutions to your intellectual property hopes.

Bold Patents J.D. Houvener, Esq., MBA, P.E.

Principal Patent Attorney, Bold Patents