Securing patent protection for an invention is a complex process that typically takes two to three years. During this time, it is scrutinized by the Patent Examiners at the United States Patent and Trademark Office for accuracy and precision in its crafting and description of the invention. Amending the application at least once is expected.
Maximizing the protection afforded by a patent requires more than just technical knowledge of invention and its subject matter. It also requires experience working with the Patent Examiners. And most importantly, it requires the knowledge and experience gleaned only by enforcing a patent in Federal court.
Allen F. Bennett, of counsel to the law firm Erica W. Stump, P.A., has drafted patent applications and worked directly with Patent Examiners to obtain patents for over fifteen years, including for dietary and nutritional supplements. He also has also successfully litigated patent actions to halt infringement, including in the dietary and nutritional supplement industry.
Mr. Bennett not only prepares and prosecutes patents, but also offers a variety of patent related services, including:
Prior Art Search Reports
Provisional Patent Applications
International PCT Patent
Freedom to Operate Studies
A patent gives its owner the right to exclude others from making, using, selling, offering for sale or importing subject matter that falls within the scope of the patent. There are three types of patents – Utility, Design and Plant. There are also two types of Utility and Design patents – provisional and nonprovisional.
Provisional patents provide a quick and inexpensive way to protect an invention. It grants an inventor “patent pending” status for one year, giving you time to decide whether the concept is marketable, profitable and worth the investment of an utility application. It also can protect you while you further develop an idea that is not yet perfected.
A Utility patent is the most common and what people typically envision when thinking of patents. It is the form of patent the Wright Brothers used to protect their airplane, Thomas Edison used to protect his light bulb and movie camera, and Steve Jobs uses to protect the iPhone®.
A Design patent protects the unique shape of a functional device. Windex® bottles have a characteristic shape distinct from a 409® bottle. These bottles are protected by Design patents.
Plant patents are used to protect new strains of plants. Every year at Valentine’s Day, florist have new colors of roses. These are typically covered by Plant patents.
Each type of patent protects a different type of invention. Some inventions are better protected as a trade secret, trademark, and/or copyright law. The law firm of Erica W. Stump, P.A. can help you determine which method is best to protect your ideas, and Mr. Bennett will draft and prosecute your patent application.