Filing a Patent is Essential in Securing Intellectual Properties

Filing a Patent is Essential in Securing Intellectual Properties

Filing a patent is the first step in securing ownership over literary or works of art. Patents are also filed for designs, along with inventions and most anything stemming from creativity. There are several types of patents as well, including trademarks, service marks, and the popular copyright. The latter prevents infringement and unauthorized access, while securing the rights of all patent holders and agents. In the event an infringement or claim takes place, the owner and filer must file the appropriate documents within a timely and professional manner. All contested claims and results will be at the discretion of the Library of Congress, which is where all patents are registered and kept on record.

Patent Attorneys and Lawyers

To secure a hassle free and smooth experience, it is simply essential to consult with a patent lawyer or attorney. With years of extensive industry experience, these experts have the tools and knowledge to successfully guide you through the process. This includes the application stage, which is crucial in establishing ownership over your specific mark or invention. The addition of images, documents, and other related material must also accompany your application. Once the application is completed and submitted, you will have to wait several weeks or even months before official approval is granted. To prevent any unforeseen obstacles and hurdles, patent attorneys and lawyers will work with you every step of the way. They will also discuss the potential risks of filing patent, along with restitution and damage claims in the event the mark is contested or infringed by domestic or foreign intruders.

Infringement and Claims

The claims process works in two ways. For one, trademark owners can file claims if their intellectual properties are in use by non-authorized entities and individuals. Claims must include timely filing of documents pertaining to one or all incidents of domestic or foreign intrusion. In addition, patent attorneys and lawyers must be notified in order to file for damaged accessed via copyright or trademark infringement. Unless the case is settled out of court, there is usually a hearing where both or all parties will be heard. In the even the claim is filed by a non-owner or group, the same process is administered and the patent holders have to appear in court to refute the claims. The process in total usually takes 90 days including the filings and court hearing. There are times, however, where claims may last for months or years depending on the volume of claims and the severity of damages involved.

Filing Your Patient Under a Corporation or LLC

If you are holding your patent under a business entity, then you should be aware about new laws that have taken effect, requiring beneficial owners to disclose their personal information to FinCEN.The Corporate Transparency Act (CTA) broadly covers any corporation, limited liability company or “similar entity” that was created by filing a document with a Secretary of State, Tribal, or similar office.  Existing firms will have filed Federal Income Tax returns demonstrating less than $5,000,000 in gross receipts or sales in the aggregate.  Newly formed firms will have to automatically apply.  The company will have less than 21 employees.  There will be exemptions to this law. It is important that you research the new laws now to take consideration when making your patent-filling decisions.

Understanding Which Patent to File

As mentioned earlier, there are different types of patents available. If unsure about which one to file, simply consult with your attorney. For most, copyrights are filed for literary and artistic works of art. Copyrights, however, do extend to products, services, and goods. The latter is usually synonymous with filing a trademark, and can include designs, documentation, proven theories, and other forms of media. Service marks are filed for patenting a particular service. This can include philanthropic charities, along with public works and most anything service related and spanning several industries. Registration marks are another form of patents, which are designed to secure ownership of multiple goods, services, and materials.

The Risks

As with all patent or intellectual property filings, there are countless risks that can occur. These namely revolve around copyright infringements, as well as lawsuits based on stolen ideas. To prevent legal troubles and unnecessary fiascos, hiring a professional patent and trademark attorney is essential. With years of extensive industry experience, they can guide you through the process and prevent any hurdles or obstacles. All it takes is one phone call or e-mail to secure a complimentary consultation. Whether its patent filing for inventions, products, or services and goods, expert attorneys are crucial in securing a smooth and hassle free process. For more information on the patent process and potential risks, simply contact your local attorney or law firm today and discuss your options.