What You Should Know About Patents And Trademark Law Here In The United States


Here in the United States, patent law and the role of the typical trademark employer are hugely important things. This importance cannot be denied in any way, of course, as patent law and the trademark lawyer (also known as a patent lawyer or patent attorney) have been around for quite some time now. After all, patent law was first utilized more than two full centuries ago (about 228 years ago, to be just a little bit more precise). In the time that has passed since then, patent law has continued to spread all throughout the world including to here, of course, in the United States.

As any trademark lawyer will be quite easily able to tell you, patents are still incredibly frequent all throughout the country. On a yearly basis, after all, up to half of a million patent applications are submitted and looked over and granted or denied by the USPTO. Of course, not every single thing is able to be patented, but there is certainly a wide array of acceptable patent applications seen on a yearly basis both here in the United States and likely all throughout the rest of the world as we know it as well. However, if you’re unsure about whether or not you have a case for a patent application, consulting with a trademark lawyer or patent attorney can help you to better understand the rules for patent application – and being granted a patent.

Patents, though they can be granted to anyone with a valid patent application, are most commonly seen in 12 major industries all throughout the United States. These 12 industries submit a great deal of patent applications over the course of the year, and have a relatively good success rate. In total, it’s estimated that about half of all patent applications from these industries as a whole are actually approved and able to become patented inventions. However, this does not mean, of course, that denials are not uncommon, both within these industries as well as outside of them.

To better understand the process of getting patent protection, speaking with a trademark lawyer can be immensely helpful, particularly for someone who has never really been through the patent process before and perhaps has only a working knowledge of patent law here in the United States – if even that. For instance, understanding the term of your patent, if you are granted one is hugely important, as patents come in many different types and the term of a patent can certainly differ from case to case. On average, however, a patent is likely to last you for around 20 years, after which you will need to go through the process of renewing your patent.

Some might be surprised, before speaking with a trademark lawyer, to find out that the term of the patent actually starts at the date that the application for the patent is submitted, even though the actual patent is not likely to be granted until months later. This can be attributed to the fact that a provisional form of patent protection is provided after a patent application has been submitted. This “patent pending” status of any invention provides much of the same protections of an actual patent and can be used for up to one year after applying for the actual patent. Within that time, the patent will typically be either granted or denied and in both cases provisional patent protections will no longer be necessary. If a patent is accepted and granted, the provisional patent protection is included in the term of the patent in question.

At the end of the day, consulting with a trademark lawyer is likely to be ideal for anyone who already has or is looking to get a patent. A trademark lawyer can provide truly invaluable information to these people, answering questions and filling in gaps in their knowledge that they might not have even known that they had. For many people, patent applications can seem hugely confusing and daunting – that is, of course, until they enlist the help of a trademark lawyer or other such patent lawyer.

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