Houston Patent Attorney

Houston Community!

Identify, Protect, and Enforce Your Patent Rights!

Houston is quickly becoming a capital of creativity in the United States.

As one of the fastest growing cities amongst the millennial population, the innovation seems to have no end in sight. With all of this increased growth, researching products and services on the market, as well as technical publications, is becoming increasingly important to make sure you have a competitive edge with your technology.

At Bold Patents, we stand ready to help you conduct a thorough market and patentability search for your invention covering your competitors in Houston, Texas, across the country, and the world for that matter.

We can’t wait to serve you!

The Basics of Patents and Intellectual Property Law

When you have a patent on an invention, you can legally prevent other individuals or entities from making, using, selling, or attempting to sell that invention. It also gives you the right to prevent the import of the invention. Certain types of patents have additional rights. A patent only applies within the territories and bounds of the U.S.

A patent does not give an inventor the right to make, use, import, sell, or offer for sale the invention. However, an inventor can take legal action against a party that infringes on the rights of their patent. Once a patent is granted, it is up to the patent holder to enforce those rights.

There are three types of patents that are available through the U.S. Patent and Trademark Office (USPTO). These are:

1. Utility Patent: A utility patent can protect the function of an invention. It applies to the invention or improvement of an existing invention. This may be a machine, a process, a formula, an item of manufacture, or a matter composition. A utility patent may provide rights to the inventor for up to 20 years.
2. Design Patent: A design patent protects the appearance of an invention. Any new, inventive, and ornamental design of an article of manufacture may be eligible for a design patent. A design patent could last for up to 15 years. An invention that is defined by its function is usually not eligible for a design patent.
3. Plant Patent: A plant patent applies to new plants. It protects the discovery, asexual reproduction, or invention of a new plant variety. This includes cultivated mutants, sports, hybrids, and discovered seedlings. It does not apply to uncultivated plants or tuber-propagated plants. Plant patents also provide additional legal rights to the parts of a plant, such as a fruit that grows from it. These patents are valid for up to 20 years.

An invention is usually only eligible for one of these patents. By patenting your invention, you have more control over the creation and sale of what you create. This can give you a competitive edge in your field.

The Definition of a Patentable Invention

For an idea to be patentable with the USPTO, it must be a new invention, not something that has already been made and/or patented. It also cannot be an obvious invention or an obvious change to an existing invention. Whether it is considered obvious relies on the thoughts of others with knowledge in the field.

An invention also cannot be theoretical. It must be functional and able to be used. There must also be clear and replicable instructions on how someone can make the invention and use it. An attorney can help you review your invention and determine if it meets the qualifications of patent eligibility. Your patent attorney can also give you information about other types of intellectual property protection and determine if these other forms better support your long-term goals for an invention.

What Can’t You Patent in Houston?

Not everything can be patented. The USPTO listed certain things that are ineligible for patenting, including abstract ideas and suggestions, existing laws of nature, or natural materials and phenomena. Nuclear materials and atomic energy used in atomic weapons also cannot be patented. When determining if your invention is patentable, you must determine the following:

1. It meets the definition of a patentable invention.
2. It is not restricted from being patented.
3. It does not already exist as a patented idea or infringe on any other patented ideas.

An attorney can review the eligibility of your invention.

Do You Need a Lawyer to Patent an Idea?

A lawyer is not required to patent an idea, but there are significant benefits to working with an attorney. They can guide you through the process and ensure full and accurate information on your application. Their legal advice can improve the examination timeframe of your application and may make you more likely to get a patent. An attorney’s advice is also useful to determine if a patent is the right form of protection for your idea.

You also get legal protection when you work with a patent attorney. This helps you get the most protection possible from a patent, gives you support during USPTO proceedings, and helps you if someone infringes on your patent rights. Patent lawyers have a lot of knowledge and experience in these cases, so they can help you understand your options for applying for, maintaining, and defending your patent.

How Much Does a Patent Lawyer Cost in the U.S.?

How much a patent lawyer costs depends on many factors. Some of these include:

1. Attorney Experience: A more skilled attorney with greater experience in patents and USPTO proceedings may have a higher rate than a newer attorney. Do not assume that a high rate means experience and success, however. Always review the licensure, past work, and reputation of an attorney to determine their abilities.
2. Fee Structure: The type of legal services you need will impact the fee structure, as a patent lawyer may charge on an hourly basis or at a flat rate, depending on the service. For reviewing and filing a document, an attorney may charge a flat fee. For longer or more complex legal services, such as representation in proceedings, an hourly rate is more likely. Cases charged at an hourly rate get more expensive as time passes.
3. Case Complexity: A more complex case will have higher rates. These cases take more time, require more resources, and require more work from an attorney overall.

When searching for a patent lawyer, you should always discuss fees with them during a consultation or initial meeting. Attorneys will be upfront with their legal costs and fees. You want to ensure that you can pay the attorney fees during your entire case.

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

Patent attorneys are licensed to give legal advice and representation in legal proceedings, and they have knowledge specific to patents. Patent agents have knowledge about patents and can provide representation in USPTO proceedings, but they do not have the qualifications to provide legal advice or legal representation. Patent agents are not licensed the same way that patent attorneys are.

World Class Patent Attorneys Serving Houston, TX

We find it a distinct privilege to get to assist the creative and innovative minds of Texas with their intellectual property needs.

Many clients come to us with questions and leave with tangible results. Our hope is to alleviate the stress and concerns that come with legal issues at the start of a company by offering the protection and security that only a law firm can provide.

We understand how difficult it can be to start a business with nothing more than an idea, and we are ready to help you grow as fast as the city of Houston is. When you need a patent lawyer to help you protect your inventions, contact Bold Patents.

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

Principal Patent Attorney, Bold Patents