If you are looking to protect your invention, or possibly commercialize it, then you need to be proactive and consider applying for a utility patent. You may be wondering, “What is the process and amount of time necessary to secure a utility patent?” Well, the answer largely depends on whether you are handling the patent application process yourself, or if you retained the services of a knowledgeable patent attorney in Los Angeles.
For individuals who opt to apply for a utility patent without the assistance of an attorney, the application process could take up to 25 months (i.e., more than two years). In addition, there is no way to guarantee that, even after 25 months, your utility patent application will actually be approved.
Regardless of whether you decide to apply for a utility patent on your own, or with the aid of a patent attorney, there are specific issues and prerequisites you should be prepared for during the application process.
Determining Eligibility
Before you begin the utility patent application process, it is important to ascertain what specifically you are trying to protect and in what category your utility fits. For example, in order to qualify for a utility patent, your invention needs to fit into one of the categories below:
- Machine: your invention is a device that accomplishes a particular task
- Article of Manufacture: your invention is a single object without movable parts like a pen or board
- Process: your invention provides a new way to obtain a result through a series of physical or chemical interactions
- Composition: your invention is a combination of elements, compounds, or mixtures
- New Use: your invention alters the way in which a machine, article of manufacture, a process, or composition is used
In addition to fitting into one of the above-listed categories, your utility patent must meet the following requirements:
- Your invention is novel
- Your invention is useful
- Your invention is nonobvious.
Provisional versus Non-Provisional Utility Patent
An important question you will need to answer during this process is whether you want to pursue a provisional utility patent or non-provisional patent. If you opt for a provisional utility patent filing, then your invention will be protected for up to one year. People often pursue provisional patents because they are less expensive, and you can market your invention as “patent pending.”
In contrast, a non-provisional patent application will extend the protection afforded to your invention. However, a non-provisional utility patent costs more to file. Nevertheless, the additional expense may be a worthwhile investment since a non-provisional patent protects your invention for 20 years.
Have Questions About Securing a Patent or Protecting Your Current Patent? Take Action by Contacting a Patent Attorney in Los Angeles Today
If you need help filing a provisional or nonprovisional patent application, it is in your best interest to retain the services of a reputable Los Angeles patent attorney such as the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more