Rogers, AR Patent Attorney
For an inventor, filing for a patent can grant them with a plethora of rights to protect and monetize their invention. Filing for a patent can be a complicated process; however, having the protection of a patent can be extremely rewarding. If you would like legal assistance to file for a patent, contact an experienced Rogers patent attorney today.
At Gunn Kieklak Dennis, LLP, we are devoted to helping you protect your inventions from those who would infringe upon your rights. Our firm has worked with residents and businesses in Rogers, Fayetteville, Springdale, and across Arkansas, and we are prepared to work with you. To schedule a confidential legal consultation, contact Gunn Kieklak Dennis, LLP at (479) 717-9068, or contact us online.
Requirements for Granting of a Patent
A patent is a property right that is used to protect a unique invention. Patents are issued by the United States Patent and Trademark Office (USPTO), and they generally last for a term of 20 years from the date of the application. It is important to note that when the USPTO grants a patent, the patent is only valid within the United States and territories owned by the United States.
Patent law states that a person that invents or discovers a novel process, device, the composition of matter, or a new type of manufacturing process is eligible to receive a patent for their work. It is important to note that there are multiple types of patents that an inventor could apply for:
- Utility Patent – Utility patents are given to inventors that discover a new type of machinery or a new type of chemical. For example, if an inventor discovers a new element, this is enough for a utility patent.
- Design Patent – This type of patent is granted to inventors that create a new design for an object. For example, if an inventor created a new design for automobiles, they could receive a design patent.
- Plant Patent – A plant patent is granted to inventors that create or discover new forms of plant life.
There are multiple factors that must be considered before an application for a patent can be approved. Two of these factors is that an invention must be novel and non-obvious in order to receive a patent. Novel simply means that the invention must be unlike other inventions that already have a patent. Non-obvious means that an inventor cannot make a slight change to an invention that already exists and file for a patent.
To learn more about patent infringement and how it could affect your patent, continue reading and speak with an experienced Rogers patent lawyer.
How Patent Infringement Occurs
Patent infringement is when an infringing party takes all the elements of a patented invention and claims it as their own work. It is not enough for one invention to look and operate similar to another; the infringer must adopt the full invention to be guilty of infringement. For example, two inventors invent two different types of trucks, but one truck runs on clean energy, the inventions are not the same.
In some cases, a patent may be infringed because one inventor had the same idea as another inventor. This scenario happens more often than you might think and emphasizes the importance of filing for a patent as soon as possible after completing your invention.
If two or more people create the same invention, the individual that filed for a patent first will own the rights to the invention. It does not matter that an inventor came about their invention independently if it an infringes upon a patented invention, they will be ineligible for a patent. If an infringer willfully ignores the existence of a patent and continues to manufacture their invention to sell to consumers, they are guilty of patent infringement.
Fortunately, if you own the rights to a patent, you can pursue a patent infringement case against your infringer. If you succeed in a patent infringement lawsuit, you can receive reasonable royalties for the illegal use of your patent. This may be calculated by determining the amount of money you would have charged the infringer to utilize your invention.
Work with Our Experienced Rogers, Arkansas Patent Lawyers to Protect Your Invention
If you or a family member was a victim of patent infringement, contact an experienced Arkansas patent lawyer today. With decades of combined legal experience in a wide range of intellectual property cases, the legal team at Gunn Kieklak Dennis, LLP is here to help you protect your patent and other forms of intellectual property. To schedule a confidential legal consultation to discuss your case, contact Gunn Kieklak Dennis, LLP at (479) 717-9068.