Understanding Patents and Patent Law
A patent is the grant of a right given to an inventor by the federal government to exclude others from making the same invention or from using or profiting from it for a given period of time. While patents do not protect ideas themselves, they do protect both inventions and processes or methods, like ways of manufacturing a chemical or similar. Patent laws originate from the U.S. Constitution, which stipulates that in order to qualify for a patent, an invention must be “new, useful and the embodiment of a scientific advance.” Those seeking a patent must also search through products that are already patented to ensure that his or her new product does not already exist.
Why We Need Patents
Patents are needed because they make it worthwhile for inventors to invent things. It often costs money to test a new invention and it always costs money to apply for a patent, and there isn’t much point in inventing something if others can come along and steal the invention and then sell it themselves for a profit. A patent ensures that those who have the intelligence and initiative to invent something can benefit from their efforts, and that their efforts to create innovation can thus benefit society. This encourages inventors to create useful innovations because of the possible economic benefits that can be obtained.
Applying For a Patent
To get a patent in the U.S., you must file an application for a patent with the United States Patent and Trademark Office (USPTO). There are several different types of patent applications for which you can file, depending upon what you wish to patent. You may not need an attorney to file for a patent, but having one can be very helpful if you wish to save time doing the patent search or if the invention you want to patent is complex. If your invention is very technical, it is often wise to hire a patent attorney who specializes in the type of invention you are patenting. This attorney can ensure that the filing process is done correctly and that the application has a better chance of approval.
Call to Schedule a Consultation With a New York Patent Attorney Today
If you are interested in applying for a patent on your invention, call to schedule a consultation with a New York patent attorney today. The legal experts at the law offices of Rubinstein & Associates PLLC understand the complexities of patent law and can help you get through the often-complex patent process. We serve the areas of Woodmere, Long Island, Lynbrook, Hewlett, Rockville Center, Cedarhurst and surrounding Nassau County communities. Visit our website at rubesq.com or give us a call at 516-268-7077 and let us give you the personal attention you deserve.