Utility Patent Attorney: Top 5 Facts

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Patent Agent

A patent is a legal protection granted to the inventor or the owner of a design, logo, trademark, or service. It gives the owner the sole right to replicate or use it for commercial ends. However, there are different kinds of patents. The three kinds of patents include: 

  • Utility patent
  • Design patents
  • Plant patents

Each has a specific purpose, and many specializations are attached to each. Each has a particular attorney specializing in it to ensure the patent follows each criterion. This article looks at the top five facts about a utility patent and utility patent attorney 

1. What is a Utility Patent?

A utility patent is one of the most common forms of a patent. Most patents are utility patents. This is because utility patent refers to patents given to inventions.

Patents for inventions are filed when a new product, functionally improved product, the machine, or the process is invented. This patent is granted to an individual or a company. Once granted, the patent provides the exclusive right to make, use or sell the patented item.

Such a patent is referred to as a utility patent.

2. Who is a Utility Patent attorney?

A utility patent attorney is an attorney who specializes in a utility patent. A utility patent attorney will help the clients through all the paperwork, application, submission, searching, and publication to obtain the utility patent. If you find a patent attorney is a valuable asset to your endeavor to obtain a patent, they can easily sail you through the different legal work. Their expertise will also save you time which you can use to develop your invention and focus on your business. 

3. How Does a Utility Patent Attorney File a Patent? 

A utility patent attorney will first ensure that your invention is patentable by conducting an extensive patent search to ensure a similar item does not exist. A utility patent attorney is responsible for filing the patent application for you at the outset of your patent journey. Once the attorney ensures that your patent does not infringe the rights of another patent, the utility patent attorney will strategize how to patent your invention. 

4. Does a Utility Patent Attorney Prepare the Draft for a Provisional Patent? 

The expertise of such an attorney will come in handy when you have to decide what sort of patent is required for your invention. Some parts of your invention might be covered under the utility patent, while others might be under the design patent. A utility patent attorney can help you decide that. A utility patent attorney can write the extensive draft required for the application, which details the invention. A thorough description is best written by an experienced attorney. They can help you through the process of obtaining a ‘Provisional Patent” for the time you need to develop your invention. 

5. Does a Utility Patent Attorney Take Up Litigations? 

Yes, a utility patent attorney will take up litigations. As an invention goes to the authorities for a patent, disputes and objections occur. In case of litigation, a utility patent attorney will help you with all the legal hassles and help you through the process. 

You can find a patent attorney who can make navigating the legal complexities of utility patent filing easier. If you wish to seek the help of patent experts who can guide and support you through the different stages of your patent journey, we are here to help. Get in touch with our team at IPExcel today to know more.  

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