Orlando Patent Attorney

Orlando Community!

Identify, Protect, and Enforce Your Patent Rights!

Orlando, home of the video game developer Electronic Arts Tiburon, regional headquarters of the defense manufacturer Lockheed Martin, regional headquarters of the telecommunications company Verizon Communications, U.S. headquarters of the power-generation equipment manufacturer Mitsubishi Hitachi Power Systems, and U.S. headquarters of the software developer Adacel has a diverse mix of established technology-based companies and startups. In this marketplace, innovation is essential.

Orlando’s ranking on Kaufman’s startup activity scale has moved from 33rd to 21st in the past few years because of an increased focus on helping startups by providing increased access to accelerators and incubators for startups at all stages such as Starter Studios and VentureScaleUp. Protecting your intellectual property is crucial so that your business can profit and make an impact on the market.

Bold Patents is local, and understands the competitive R&D landscape technology companies face. Our firm has spent years in intellectual property law, enabling individual investors and small businesses to protect their property through trademarks, patents, trade secrets, and more. With our unparalleled experience and skill, we can help you navigate your patent goals more successfully.

We can’t wait to serve you!

What Is Patentable?

For your invention to be considered potentially patentable, it must meet the definition set by the U.S. Patent and Trademark Office (USPTO). Each type of patent has its own unique requirements, but all patents must meet the following criteria:

1. It is usable and isn’t just a theory.
2. There is a description of the creation and use of the invention.
3. It is novel and innovative, and it hasn’t been made before.
4. It is not an obvious invention or an obvious modification of an existing invention.

If your invention meets these requirements and those of the specific type of patent you are applying for, you may be able to secure a patent to protect your creation.

What Is Not Patentable?

There are some things you can’t patent. The USPTO does not allow patenting on:

• Abstract ideas and suggestions
• Natural laws
• Physical and natural phenomena
• Nuclear matter
• Atomic energy

How Does a Patent Benefit You?

When you are granted and issued a patent on your invention, you have the right to prevent other parties from using, making, selling, offering for sale, or importing your invention. If another party tries to profit from your invention, you can take legal action to prevent it. This can give you control over how your invention is used, and it also allows you to sell or license your invention to interested parties.

A patent can give your small business a competitive edge. It also has the potential for significant financial benefits, which can last as long as 20 years. The sooner you file for a patent, the earlier you can begin profiting from your creation.

Types of USPTO Patents

The most common type of USPTO patent is a utility patent. A granted utility patent protects the use and function of an invention. It covers processes, matter composition, machines, and manufactured items. Both the invention and the improvement of these items can be patented as long as it is non-obvious.

Design patents protect the appearance of an invention. If an article has a novel and innovative ornamental design, this can be patented. This is true whether the shape of the article and/or the applied design on the article is patentable. Design patents do not apply to the function of an object.

Plant patents are for new plant varieties. These include those that have been invented, discovered, or reproduced asexually. It does not include tuber-propagated plants or discovered plants that were uncultivated. Plant patents give the patent holder additional rights to the parts of a plant, like a fruit.

Filing a Patent as an Inventor

Patents can usually only be filed by their inventor, by co-inventors, or by the legal representative of an inventor. Exceptions to this include circumstances when the inventor:

1. Has died
2. Is legally incapacitated
3. Refuses to file for the patent
4. Can’t be found

Patents can also be filed by non-inventors if the inventor assigns the invention to another party, such as an individual or a company. This is commonly done as part of a contract between a company and an inventor. If a party is not assigned the invention, is a non-inventor, and is not the legal representative, they cannot file for a patent. Contributing money to the creation of the invention does not make a person eligible to secure a patent.

What Is the Role of a Patent Lawyer?

The role of a patent lawyer is to provide legal advice and input for those applying for patents. They also help entrepreneurs get the most legal protection possible from a patent and defend the rights of patent owners. The team with Bold Patents can provide many services to those who hold or wish to have patents, including:

• Search, Opinions, and Analysis: We can conduct a patent search, analyze your invention, and consult professionals in the field. All these steps can determine if your invention is eligible for a patent. We have a technical and in-depth understanding of many fields, and we use this knowledge to provide you with advice and opinions on your invention. We work to limit the risk of infringement in the future.
• Application Review and Filing: Bold Patents knows what information is required in patent applications, so our firm can help compose and file your patent application. This process must be done well to limit the chances of surcharges and delays. As the application proceeds through the USPTO examination, we continue to stay on top of the process. If there are any issues, our attorneys can address them quickly.
• Portfolio Management: A patent portfolio is important to the success of a small business. At Bold Patents, we understand how portfolio management is necessary and how it must fit with your business’s goals.
• Licensure and Transactions: Legal protection during business transactions is essential. Bold Patents can provide detailed assistance whether you are making an agreement to sell a patent, licensing the use of your invention, or negotiating other transactions. Our attorneys can protect your rights and interests, thus maximizing your financial benefits.
• Infringement Representation: If another party infringes on your patent, it is up to you to take legal action. Our team can help you do so. This allows you to keep control over how your invention is used. If another party is accusing you of infringing on their patent rights, we can defend your rights and the interests of your business.

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

Intellectual property attorneys have broad knowledge of intellectual property law, while patent attorneys may have less of this overall knowledge. Patent attorneys have in-depth knowledge specific to patents, and they are licensed by the proper agencies, like the USPTO. Intellectual property attorneys do not have this specific knowledge or licensure, but they may be able to offer broader information.

World Class Patent Attorneys Serving Orlando, FL

Orlando has also committed itself to helping entrepreneurs connect with mentors and people who can help grow their ventures by adding several co-work spaces in the past few years; Canvs, Catalyst, and Sbrubbles are three of the biggest and most well-known shared workspaces in Orlando. Orlando is determined to cultivate Start-ups, and at Bold we want to help you develop your next big idea into a thriving company.

We understand the difficulties of growing your ideas and business. If you have an idea you would like to patent, Bold Patents will conduct a thorough market and patentability search covering all inventions across the country, and the world. We are able to offer unparalleled expertise in the market. Our job is to make sure that your ideas are protected, secured, and enforced.

At Bold Patents, we are there to help you every step of the way. We invite you to contact us for a free initial consultation to better understand whether your invention or idea can be patented.

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

Principal Patent Attorney, Bold Patents