Utility Patent Attorney in Kansas City, Missouri

Utility patents are a significant aspect of patent law. But what exactly is a utility patent? And what types of intellectual property do they protect? As an experienced patent attorney, I can answer any questions you may have, guide you through the patent application process, and represent you in any legal disputes that may arise. Contact my firm in Kansas City, Missouri, to get started. The Law Office of Julie Scott LLC serves clients throughout Columbia, Springfield, Rolla, and the surrounding communities.  

Definition of Utility Patent

A utility patent is a type of intellectual property protection granted by the government to inventors for new and useful inventions or processes. This type of patent provides exclusive rights to the inventor, preventing anyone else from making, using, or selling the invention without their permission for a set period of time. 

The beautiful thing about utility patents is that they cover a wide range of inventions, including:  

• processes,  

• machines,  

• compositions of matter, and  

• improvements to existing inventions.  

This means if you've created a new type of engine, computer software or hardware, apps, food products, or industrial machines, you can protect it with a utility patent. Even something as seemingly simple as an icon or emoji, furniture design, wallpaper or fabric pattern, or the discovery and asexual reproduction of a new plant species falls under the umbrella of what a utility patent can protect.  

Essentially, utility patents protect how something works or is used, differentiating them from design patents which protect an invention's appearance. The purpose here is to encourage innovation by providing inventors with a legal monopoly over their creations. This way, they can profit from their ideas and prevent others from using or selling their inventions without consent. 

What Does the Application Process Entail?

At the Law Office of Julie Scott LLC, we're committed to providing clear and concise guidance to inventors seeking patent protection. The utility patent application process involves several important steps:  

1. Patentability Search: First determine, as best you can, if your idea is patentable. Do as thorough a search as you can to ensure your invention is original and doesn't infringe on existing patents.  Bear in mind that all patent applications are kept confidential by all patent offices for the first 18 months after they are filed. So the results of even the most exhaustive search cannot be absolutely certain, but the search results should be a good indicator.

2. Identify Patent Application Type: Next, you'll need to identify which type of patent application you want to file. It could be a provisional, US nonprovisional, or international application depending upon your needs. 

3. Prepare and Submit an Initial Application: Once you've determined the type of initial patent application you want to file, it's time to prepare it. A utility patent application should explain how to make and use the claimed invention so that someone of ordinary skill in that technical area could understand how to make and use it. It's very important that these details are included in the application. If these details are not included, then you may not get a patent. The United States Patent and Trademark Office (USPTO), like all patent offices, charges fees for accepting the submission of a patent application. The amount depends upon the type of application submitted.

4. The Examination: After your application is submitted, a patent examiner will be assigned to your application to assess your invention's patentability. The examiner may request additional information or documents or require revisions to your application or your claims.

5. Patent Grant: If your patent application is approved, great! You'll need to pay the issue fee. If the examiner determined that legally your patent application included more than one invention, which happens frequently, be sure to request examination of the additional invention(s) before your patent issues. Additional fees will need to be paid to the USPTO with this request. 

6. Maintain Your Patent: Finally, once you've been granted a patent, it's important to maintain it by paying any required maintenance fees in a timely manner. 

While securing a utility patent can be a complex process, it's well worth it to protect your innovation. By understanding each facet of the process, you can better navigate the intricacies of this journey, but you don't have to do it alone. When you partner with me, I can walk you through the process and help you submit an application that is thorough, complete, and in compliance with all regulations. Let's get started today.  

Utility Patent Application Requirements

Applying for a utility patent requires meeting specific criteria. Here's a breakdown:  

• Utility Patent Application Transmittal Form or Transmittal Letter: This is your cover letter, introducing your invention and identifying the type of patent you're applying for.

• Appropriate Fees: The USPTO, like all patent offices, requires payment of certain fees when you submit your application. These include a filing fee, search fee, and examination fee. The exact amount depends on the type of application submitted and the type of entity submitting the application. 

• Application Data Sheet: This document provides necessary information about the applicant, inventor, and any assigned rights. It'll also include details about any related applications. 

• Specification: This is the heart of your patent application. It includes a detailed description of your invention, claims defining the scope of your invention, and an abstract summarizing it. Writing this part can be complex, so it's crucial to get it right. 

• Drawings (when necessary): If your invention can be visually represented, you'll need to include detailed drawings. These must adhere to specific guidelines. 

• Executed Oath or Declaration: This is your formal statement, asserting that you believe yourself to be the original inventor of the product or process described in the application. 

• Nucleotide and Amino Acid Sequence Listing (when necessary): If your invention involves unique sequences of nucleotides or amino acids, a listing of these sequences will be required. 

• Large Tables or Computer Listings (when necessary): For inventions involving extensive data, or software, large tables, or computer listings may be needed. 

Navigating the patent application process can be complex, but you don't have to do it alone. At the Law Office of Julie Scott LLC, I'm here to guide you through each step. When you're ready to take the next step in protecting your invention, don't hesitate to reach out.  

Why Do I Need a Patent Attorney?

Partnering with a patent attorney can significantly improve your chances of obtaining a patent. Not only do patent attorneys have specialized knowledge and experience in patent law and the patent application process, they can also guide you through this complex process, help you dodge common pitfalls, and increase your chances of success. 

In my role as your attorney, I will aid you in assessing the novelty and non-obviousness of your invention. This meticulous process will save you valuable time and money in the long run. I can help you prepare a robust application that maximizes your chances of obtaining a patent. If the patent examiner raises any objections or rejections, I can act on your behalf to address them.