By definition, a patent is an exclusive right given to a patent holder to mass produce, sell and distribute a product or original invention. Patents remain valid for an extended period of time such as fourteen to twenty years before they can be renewed.  Patents are an invaluable form of intellectual property that is highly coveted by inventors and business owners alike to protect their original works. The process of acquiring a patent is very extensive and may upwards of two years to acquire- from the initial application to the final authorization of a patent.  Whether the product or invention in question is simply requested for independent use or intended for business purposes- it is imperative to ensure that the correct steps are pursued to acquire a patent. Regardless of whether the patent is for personal use or to be sold commercially- it is wise to consult with the best patent lawyer in South Florida before taking the first step in the patent process. As of March 2019,  the United States Government currently recognizes four distinct types of patents:

• Design Patent:

This type of patent is relatively self-explanatory, a design patent relates to a type of patent for a new design for any number of objects from computers to ornate jewelry. The process of searching databases for this type of document can be quite extensive. 

• Utility Patent:

This type of patent is frequently sought out by software developers and engineers who have patented a product or invention. This patent essentially documents all aspects of manufacturing, design and further use of the product. 

A utility patent is essentially a document that records the details of a new product, invention or design and all aspects of manufacturing and use. This is frequently used by engineers and software developers.

• Provisional Patent:

This particular type of patent is set in place for inventors to prove they were the “first to invent” a particular design, invention or product. Once the applicant files the correct paperwork and evidence correlating to their original creation- the patent begins pending immediately. 

• Plant Patent:

Plant patents are often sought out by florists and greenhouse caretakers who have created a unique hybrid plant and are seeking recognition for the plant and the rights to sell and distribute the new botanical creation. 

Now that the various types of patents have been disclosed- it is time to outline the process of acquiring a patent. 

Step 1: Identify your intended patent:

What exactly is the patent you are trying to obtain?

Before the application process can begin, it is important to understand what can and cannot be approved as a patent. Patents are generally reserved for unique conceptions such as original products or inventions and are not exclusive to innovative manufacturing processes. Items that cannot be patented are scientific discoveries, mathematical models or a new presentation of general public information. There are a few key questions to ask before the initial application can be filled out:

Is this idea original- or is it a replica of another idea?

Is this idea a concrete product or potential service- or is the concept of an abstract idea?

Once the patent has been uniquely identified, it is time to begin the background search process.

Step 2: Patent Search

This is the second most important aspect of filing for a unique patent. Before a business or individual can file for a patent- there must be a background search. A background search essentially ensures that the product or idea in question is, in, a fact unique. There are several databases on the national and international scale that can be used to ensure that the patent is not a duplicate of another individuals idea. If a patent idea is indeed found to be unoriginal- the application for the patent cannot be filed. If the party chooses to replicate and distribute this patent idea without a copyright patent (or consent from the patent holder), each party involved is at risk of copyright infringement. If the patent is found to be original- the applicant can proceed with the patent process.  By employing the services of an intellectual property lawyer- it will become significantly easier to search a variety of databases for patents- while saving a significant amount of time and money. 

Step 3: Patent Application:

A patent application can be filed directly with the United States Patent and Trademark Office (USPTO). This is a department of the U.S. Department of Commerce that is responsible for all legally recognized patents, trademarks, and copyrights. These patents and copyrights are all requested by business owners, inventors or individuals seeking to authorize and register their unique ideas. While it is possible to file an application with the USPTO independently- it is highly recommended to employ the expertise of an intellectual property lawyer to review your application before submission. An intellectual property lawyer will review all documentation proving the originality of the patent-pending. Ensure all databases are checked for duplicate patents, and finally- review the application to prevent any mistakes which will extend the application process. 

Risks of not acquiring a patent:

If a business or individual party has chosen to mass produce, distribute and sell a product or invention without a copyright-there can be several consequences that might ensue. Copyright infringement is not to be taken lightly. If a copyright infringement has occurred-regardless of intent, it is imperative to immediately contact the best patent lawyer in the area to represent you and your company before you go to court. An intellectual property lawyer can assist in preventing a major lawsuit and may present other options such as out-of-court settlements to protect the integrity and reputation of the business in question.

Other results of patent infringement are hefty fines, which are heavily dependent on the severity of the case. Fines can often cost upwards of two thousand dollars per recorded case of infringement. Jail time is another potential consequence of copyright infringement- the length of incarceration may last from five to ten years minimum. 

The process of acquiring a patent from beginning to end can be very time consuming and is so imperative to hire the best patent lawyer to ensure that your patent is original and you are protected from any potential copyright infringement.