Florida Patent Attorney
If you have an idea for an invention or proprietary process, you could stand to make a significant profit, but only if you take the necessary measures to protect your creation by filing a patent application.
Getting a patent is not a fast, simple process and many applications are declined, leaving inventors unsure of how to proceed. An experienced patent lawyer can help you with every step of the process, from completing your application and submitting it to the United States Patent and Trademark Office (USPTO), to filing patent appeals and beyond.
At Lankford Law Firm, we handle a range of small business law matters and intellectual property law cases, including patenting. In fact, law firm co-founder Lori J. Sandman has many years of experience in this particular arena. In fact, Attorney Lori J. Sandman is the only USPTO-certified patent lawyer in the Daytona Beach area and together with her legal partner, Attorney Melody Lankford, she provides exceptional care to each client’s case.
To discuss your case in a free, confidential case evaluation, call the Daytona Beach law offices of Lankford Law Firm by calling 555-555-5555.
Common Questions When Trying to Patent an Invention
Patenting is a process that’s available to any individual who, according to U.S. patent law, “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…”
But the process for patenting can be complex and many are unsure of whether they need a patent, a copyright or a trademark. So, let’s look at how patenting works and what to expect as you proceed through the process.
How Do I Know if I Need a Patent?
There are lots of commercials and marketing materials that promote the concept of “patenting an idea” but the reality is that you need more than an idea. You need something more concrete and precise, such as:
- a method or process;
- a machine, comprised of moving parts and/or circuitry;
- a new composition of materials such as a formula for making a medication;
- a manufactured article, like a tool or instrument; or
- an “asexually reproduced” variety of plant.
The U.S. Patent and Trademark Office (USPTO) has very strict requirements for what does and does not qualify for patenting. The USPTO will not issue a patent for mathematical formulas, naturally-occurring items (such as an element or mineral) or processes that involve only the human body (such as a gesture or a dance move.)
Some are also confused as to whether they require a patent, copyright or trademark. Patents apply to an actual invention of some kind, as outlined above. Copyrighting applies to creative works, like writing, images or graphics. Trademarking is used to protect a logo or brand name.
What Type of Patent Do I Need? And What’s the Difference Between Non-Provisional and Provisional Applications?
Many get confused when they realize that there are different types of patents – three, in fact. They are:
- Utility Patents (valid for 20 years);
- Design Patents (valid for 14 years); and
- Plant Patents (valid for 20 years).
There are also two types of applications: provisional and non-provisional. In the beginning stages of the patenting process, you typically seek out a provisional application, which affords a degree of protection by allowing you to “stake your claim” so to speak. You’re also permitted to market the item as “patent pending.”
If you fail to do anything after filing a provisional patent application, then your exclusive rights to the invention would expire after one year. You must proceed to the next step to get a non-provisional patent application within the one-year timeframe in order to actually secure a patent.
Board certified patent Attorney Melody Lankford will discuss your invention, helping you to determine which patent and application type is most suitable for your needs.
What Happens After I File a Patent Application?
Once the application is submitted, it will be subject to review by a USPTO examiner, who will issue an approval or a rejection. In the case of a rejection, you’ll typically be provided with information on the reason for the rejection.
Your Daytona Beach patent lawyer can help you amend your application and resubmit. If your patent filing is rejected a second time, you have an opportunity to seek an appeal via the Patent Trial and Appeal Board (PTAB).
Your attorney can assist with all aspects of patent prosecution, including negotiating and speaking with the USPTO on your behalf, addressing amendments to your patent and dealing with opposition in cases where a third party comes forward to argue that your patent should be denied.
Patent Attorney Melody Lankford and the legal team at Lankford Law Firm can also assist with patent litigation and infringement cases, whereby another party has infringed upon your patent rights.
Trust Your Patent Filing to an Experienced Intellectual Property, Business and Patenting Lawyer
At Lankford Law Firm, Attorneys Lori J. Sandman and Melody Lankford work with clients throughout Daytona Beach, Florida and the surrounding region, aiding in a variety of different cases, from the patent filing process, appeals and litigation, to copyrights, non-disclosure agreements, trade secrets and unfair competition cases, asset purchase agreements, mediation, arbitration and beyond.
Notably, Attorney Lori J. Sandman is an experienced intellectual property and business lawyer. She is Daytona Beach’s only USPTO-certified patent lawyer, so she is well-positioned to assist with your case. She even teaches patent law (along with business law and transactional law) as an adjunct professor at the Florida Coastal School of Law and at Embry-Riddle Aeronautical University.
In practice since 2004, Attorney Melody Lankford has the experience required to bring results for her clients, whether you’re an independent contractor, own a small business, or own a larger company.
To discuss your case in a confidential, no-cost case consultation session, contact the Daytona Beach law offices of Lankford Law Firm by calling 555-555-5555.
