Miami Patent Attorney

Miami Community!

Identify, Protect, and Enforce Your Patent Rights!

Miami has long been known for its fantastic atmosphere and innovation in the creative industries.

At Bold Patents, we want to make sure that the intellectual property you create is properly secured and ready to make an impact. We stand ready to help you conduct a thorough market and patentability search for your invention covering your competitors in Florida, across the country, and the world for that matter.

We have worked with numerous Miami inventors to file provisional and nonprovisional patent applications and that has helped us learn more about the technology and culture there, and as a result, we are able to offer unparalleled expertise in the market. By learning the specific and unique needs of your business and its industry, we can more effectively provide you with the information you need to support your intellectual property goals.

You have bold ideas, and you need bold legal support for those ideas. With our resources and knowledge, we can further your competitive ability and help you get the most from your invention.

We can’t wait to serve you!

The Types of Patents You Can Be Granted

Patents are granted through the U.S. Patent and Trademark Office (USPTO). Once issued, a patent gives an inventor the right to control the making, use, sale, and offering of their invention. It also allows them to control the importation of the invention to the U.S. A patent does not give the individual the right to make, sell, or use the invention; rather, it provides the right to take legal action to prevent others from doing so.

The USPTO provides three main forms of patents:

1. A utility patent applies to the invention of or the innovation and improvement of an existing article of manufacture, process, machine, or composition of an item. This patent protects the function and use of an article and can last for up to 20 years.
2. A design patent applies to a novel and ornamental design of an item of manufacture, protecting the shape, appearance, and/or applied design of an article. It protects the invention for up to 15 years.
3. A plant patent applies to a newly discovered, invented, or asexually reproduced variety of plants. This patent also protects the parts and products of the plant. It lasts for up to 20 years.

For an invention to be patentable, it must be novel, innovative, and not obvious to someone with experience in the relevant field. The invention must also have a description of how to make and use it, and it must be usable. It cannot be theoretical; it must actually exist.

Patenting an invention can give you a significant advantage in your market. A patent attorney can review a creation to determine if it is patentable. Your attorney can also determine if other types of intellectual property protection are better able to provide the rights and protections you are looking for.

Understanding the Costs of Patents in Miami

There are many fees and costs when dealing with the USPTO. Searching for other patents, submitting your application, being issued a patent, and many other steps all have potentially significant costs. Errors or corrections in the process can result in surcharges and other fees.

The USPTO fees differ based on the type of patent. Some of these basic fees include the following:

• Applying for a utility patent is $320.
• Applying for a plant, design, or design continued prosecution application (CPA) patent is $220.
• Conducting a utility patent search is $700.
• Conducting a design or design CPA patent search is $160.
• Conducting a plant patent search is $440.
• An examination of a utility patent is $800.
• An examination of a design or a design CPA patent is $640.
• An examination of a plant patent is $660.
• Issuing a utility patent is $1,200.
• Issuing a design patent is $740.
• Issuing a plant patent is $840.

The fees also vary if you qualify for entity status discounts. These are small entity and micro entity statuses.

A small entity is a person, small business, or nonprofit that has not assigned or licensed their invention or its rights, and they are not under contract to do so. A small business must meet the size qualifications, and a nonprofit must be:

• A university
• Exempt from specific taxation
• Located in a foreign country
• A scientific or educational organization

If you determine that you are a small entity, then you can pay the fees at a 60% discount.

To qualify as a micro entity, each applicant and inventor must:

• Meet the small entity qualifications.
• Meet the gross income requirements.
• Be an institution of higher education.
• Fill out a micro entity certification.

If you qualify for micro entity status, the fees can be paid at an 80% discount.

An attorney in Miami can determine if you qualify for either of these discounts and help you secure them if you do. Your attorney can also help you avoid surcharges or other fees due to errors. In both of these ways, an attorney can end up saving you time, money, and stress.

Are There Things You Can’t Patent?

There are several things that cannot be patented by the USPTO definition. An abstract idea or a suggestion cannot be patented, as it only exists in theory. A law of nature or a natural phenomenon that exists also cannot be patented. These are not new or novel inventions. A discovered plant that is patented must also have been cultivated; it cannot be an uncultivated discovered plant. The USPTO also does not allow nuclear matter or atomic energy that is used for atomic weapons to be patented.

What Is the Main Purpose of Patent Attorneys?

The main purpose of patent attorneys is to provide entrepreneurs and independent inventors with legal support in many areas of patent and intellectual property law. At Bold Patents, we can help in some of the following areas along your patent journey:

Analysis and Opinions

Our team can look at your invention and provide legal opinions, patent searches, and additional resources to determine if it can be patented. Your invention cannot infringe on the rights of other patents, and it also cannot already exist as an invention in public knowledge. Bold Patents can use our resources to conduct a comprehensive search.

We can also determine what type of patent your invention qualifies for and if you may qualify for multiple types. If other forms of protection would be useful for your intellectual property, such as trademarks or trade secrets, we can give legal advice about your options.

Draft, Review, and File Applications

Patent applications require specifications, significant documentation, and many additional and supportive forms. At Bold Patents, we know these requirements for each type of patent application and can help you draft correct and complete applications.

If an application is completed incorrectly, submitted in the wrong formatting, or does not include the proper information, you could see many surcharges and delays in your USPTO examination. Working with an attorney in can allow you to avoid this outcome. Our team can help you properly draft and file the application, and then follow it through the examination process to address any potential issues quickly.

Licensure

Bold Patents can assist you in drafting and reviewing agreements to sell your patent, license your invention, or manage other transactions.

Rights Protection and Infringement

We can help you enforce your patent rights if they are infringed on by another party. If another party claims that you have infringed on their patent rights, we can also defend your rights.

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

The cost of a patent lawyer varies based on factors like the type of legal service you need and the experience of the attorney. Fees can vary due to:

1. Attorney Experience: When an attorney has more experience, knowledge, and success in a particular field, they are likely to have a higher rate. Attorneys with less experience may have lower rates, but it may also take them longer to resolve the case in a beneficial manner. If the fees are hourly, you may end up paying more, even with a lower rate. However, you should not assume that an attorney is experienced just based on the rate they charge. Review their qualifications and licensure to determine their abilities.
2. Attorney Location: Attorneys and firms that are located in a larger city will likely have higher rates than those in lower population areas.
3. Type of Case: Depending on the type of legal service and the policies of a firm, you could be charged a flat rate or an hourly rate for attorney fees. If you need legal support to review your patent application and file it, this may be a one-time flat fee. However, ongoing or more complex services are often charged at an hourly rate, such as representation in USPTO proceedings, legal action against infringement, or an ongoing analysis of inventions.
4. Complexity of the Case: The complexity of your case depends on the resources and time it will take to resolve. If you need legal support to protect against patent infringement, and the case is likely to proceed to trial, you can expect an attorney to have higher rates. More complex patent cases have higher costs due to the time they take to resolve.

When you are an inventor and entrepreneur, you likely have a lot to focus on, especially if you are running a small business. Though it can seem costly to hire an attorney, it’s important to understand how one can save you money, time, and stress. Always talk with an attorney upfront about their pricing so that you have a complete understanding of what your case will cost.

World Class Patent Attorneys Serving Miami, FL

We understand the difficulties that come with attempting to grow a business and the struggles with navigating the legal system.

We are experts in dealing with all types of intellectual property, ranging from the entertainment industry to inventions. Our aim is to help you through the patent process and make it as painless as possible to ensure your creation is protected.

At Bold Patents, we care about more than just your intellectual property; we have found that getting to know the business and being involved allows us to have a better understanding of your needs, and subsequently better serve you. When you need legal services for your patent, contact Bold Patents.

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

Principal Patent Attorney, Bold Patents