Entrepreneurs and business owners understand the importance of protecting their intellectual property. As an inventor, you’ve no doubt invested much of your time and money in developing your product, so you’ll want to be sure that your investment, and your invention, are protected. In order to protect your invention, however, you must register your patents with the USPTO.
From determining which patents to file to conducting a search and drafting an application, the process to register a patent can be time consuming and challenging. Work with an experienced patent attorney to walk you through the process. Let our experts manage patent registration, so you can focus on being an expert on your invention.
The process to register a patent takes between one to three years from start to finish. During that time, you’ll need to make many important legal decisions, like which patents you need to protect your invention and which application is needed. You will then need to conduct a patentability search to be sure your invention is unique and non-obvious before you submit your application to the USPTO.
We understand that each invention is unique, and the needs of each inventor may be very different. We’ll work with you to understand your needs and create a patent registration process tailored to your invention. From conducting a search to drafting an application and responding to non-substantive Office Actions on your behalf, the experienced team at Gerben Law Firm is ready to help. We’ll ensure that your patent registration process runs smoothly and that you obtain the protections needed for your invention.
How Our Patent Attorneys Can Assist You
A patent will only be granted to inventions that are new and non-obvious. In order to determine if a particular invention is new, the USPTO will conduct a thorough search of existing patents. For this reason, it’s important to conduct your own patentability search prior to filing your application with the USPTO. This search can be tedious and time consuming, but the attorneys at Gerben Law Firm have extensive experience conducting searches for all types of patents. During your patent search, you could find that a part of your invention has already been registered. If so, you can work with your attorney to draft an application that focuses on other parts of your invention. Our reasonable, flat fee patent registration includes a comprehensive patentability search, so you can move forward with confidence toward patent registration.
While completing your patent application, you will need to make many decisions based on what you plan to patent. The first is which type of patent you need to protect your invention, either a design patent, a utility patent, or both. A design patent is not based on functionality, but of the unique design of an invention, the curved shape of a Volkswagen Beetle, for example. A utility patent is used to protect how the invention functions.
If you decide you need a utility patent to protect your product, you must next choose which type of patent application you should file. Provisional patent applications are commonly filed first. These will not be examined by the USPTO, but will serve as a placeholder in the queue for twelve months, while you fine tune your invention. After that time, you will need to file a standard (or non-provisional) application. This is a much more detailed process, and your application will be seen by an examiner. Our patent attorneys will work with you to choose the correct patent and application for your product, and then help to acquire and send the proper documentation for your application.
Office Actions and Amendments
Throughout the application process, it’s not uncommon to receive Office Actions issued by the USPTO. An examiner will issue an Office Action if there are questions or concerns about your patent application, whether they are requesting new documents, seeking clarification, or, in some cases, notifying you that your application has been denied. When you receive an Office Action, it’s critical to respond appropriately, and to meet the deadlines set by the USPTO and documented in the Office Action. The attorneys at Gerben Law Firm have experience responding to Office Actions of all types. We’ll work with you to draft the best response, and to provide our response in a timely manner. Our team will also be able to respond to most non-substantive Office Actions on your behalf.
A federally registered patent will provide your invention valuable protections, but only if you choose to enforce them. The UPSTO will grant your patent, but they will not police its use or enforce your rights. These are your responsibilities as a patent owner. Fortunately, Gerben Law Firm offers services to make patent enforcement more manageable. Whether you need to send a cease-and-desist letter to a small business or move to settlement negotiations to stop the infringement, we can help. We can also issue take-down notices if you find your invention on sites like Amazon or eBay without your permission. Contact us today to learn more about our comprehensive enforcement services.
Testimonials From Our Clients
“I recently opened a little cafe in NYC. It’s my first business so it was a bit of a learning curve for me. I found Gerben Law Firm via this wondrous internet and a few clicks and phone calls later I had set the wheels in motion toward getting my trademark. Josh was very patient with me even though I had very little understanding of how trademarks really work…He walked me through the whole process & I’m happy to say that my trademark application with the USPTO has now been filed! It’s exciting & my fingers are crossed for some good news down the line! Josh has been a pleasure to deal with, and it was helpful for me to have clearly-defined (and affordable) legal fees in advance so I could budget properly! I wouldn’t hesitate to use Gerben Law again for any future trademark needs. A+ “
— Jennifer Sharkey
“Josh is an amazing resource for my small and growing company. His rates are the lowest I’ve found and he’s also knowledgeable, well-spoken and no-nonsense. Definitely one of the top lawyers in intellectual property in the US.”
— Brian McDonough
“Josh was easily accessible and always available during the process. He would return emails mostly same day and at worse within 24 hours. Quite simply put Josh is able, available and affable and I fully endorse his services wholly and without reservation.”
— Samer Choksi
“I had applied on my own for a trademark and found I had some problems with it. I don’t remember how I came across Gerben Law Firm, but I felt the site to be very credible and inquired about what to do next. Not only did I get excellent advice and everything got handled very quickly and in no time had the trademark, but they had gone over and above expectations in explanation and helping me understand the process and making the right decisions.
I am interested in trademarking another company name and contacted the company again today and along with a very prompt response, was given very important advice that could save me from a possible loss of my company name in the future. This advice was to not trademark a name or change the name, thus not giving Gerben Law Firm any business and I still received excellent legal advice. I have the greatest respect for the integrity of Gerben Law Firm and the quality of their service. “
— Pamela Van Beekum