Venturing into the realm of patents and trademarks is not a journey you want to make alone. With innumerable guidelines, deadlines, and other procedural minutiae, it is easy to feel lost in the process. Enlisting the assistance of a qualified patent attorney can really go a long ways toward not only ensuring your patent application is filed correctly, but also that any concepts that infringe on your own design are met with the strictest legal penalties. The following illustrates two important ways a patent attorney can help you with your patent application.
Determining Patent Type
Since there are really only two types of patent applications, it is important that your idea be filed correctly. If the novelty of your invention is more design-based—in other words, if its novelty is mostly aesthetic or based on appearance—filing it as a utility patent may provide little protection against infringement. Similarly, you risk the same liabilities if your invention has utility applications and is filed as a design patent.
Ultimately, a patent attorney will be able to determine if the novelty of your invention is primarily one of design or utility. Additionally, your attorney might also recommend that you file multiple applications protecting both the design and utility of your idea. However, filing your patent in the correct category is only the first step toward ensuring its legal enforceability.
Proper Patent Description
There is an art to patent descriptions. Many people think that the best way to protect their novel idea is to describe their invention in the most precise manner possible, noting the circumference of nuts and bolts, the angular arc of curves, and measurements in millimeters. But contrary to popular belief, you often receive the best protection against infringement by composing a thorough but vague description of your idea. In fact, the description of your invention should be as vague as the English language permits.
The reason it is important to strive for obscurity in explicating your invention is to encompass multiple iterations of your idea in a single patent filing. While details are certainly important, in proprietary formulas, a vague description can be widely interpreted. By keeping your description opaque, you ensure comprehensive protection from those who would try to capitalize on your invention by making the slightest alterations and calling it their own.
Overall, a patent attorney understands the nuances of patent applications, but their assistance regarding the proper filing of your application, and the description of your invention, are two of the most important services they can provide. For more information, contact Lingbeck Law Office or a similar firm.
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