Nationwide, the United States Patent and Trademark Office (USPTO) grants patents to protect inventions. This way, inventors can prevent unauthorized third parties from making, utilizing, or promoting their inventions.
In this article, you will find out how to file a patent in Florida.
How Do I File a Patent in Florida? – Step-by-Step
Maintaining a Written Record of the Invention
The United States Patent and Trademark Office (USPTO) has a set of rules involving the application and obtention of a federal patent in Florida. Although it may sound a bit too complex at the first moment, it is not rocket science.
Before proceeding to file a patent, it is fundamental to keep a written record of every step in the process that led to the invention. Hence, an inventor must describe every aspect of the invention, as well as every modification made to it, how it was initially envisioned and how it reached its final form.
In some cases, it may be good to build and test a prototype of the invention, also remembering to document these efforts in writing. Once the written record is ready, the inventor must date and sign the document(s). Also, two witnesses must sign it as well.
If the inventor is not familiar with this type of procedure, working with an expert legal advisor is extremely recommendable.
Assessing the Invention – Does it Qualify for Patent Protection?
The USPTO does not grant a patent to an invention based on ideas but the invention’s feasibility and relevancy. First, an invention must be a novel (new) project, meaning it must be different from all previous inventions in the same segment.
Filing for a patent involves time and money invested in the process. Hence, it is crucial to consult with an expert attorney in Florida to prevent your application from being immediately rejected by USPTO’s patent examiners.
Assessing the Invention’s Commercial Potential
Owning a patent may guarantee a source of revenue for a company, especially when the invention has no precedent in its business field. Some companies exist only to collect royalties from patents.
Before paying thousands of dollars in fees to file for a patent with the USPTO, it is essential to research the market to assess whether or not obtaining a specific patent is worth the investment.
Proceeding with a Detailed Patent Search
When filing a patent with USPTO, an inventor must proceed with a detailed patent search to guarantee the invention is actually new. A patent search is time-consuming, as it involves searching thousands of patent-related publications in the US and abroad, such as technical and scientific journals.
Also, it is crucial to demonstrate how the new invention is different from earlier developments or how it improves the existing one(s).
Preparing and Submitting the Paperwork
When filing a patent with the USPTO, inventors have two choices – a regular patent application (RPA) or a provisional patent application (PPA).
A regular patent application (RPA) begins with USPTO’s examination, a thorough and complex process. On the other hand, a provisional patent application (PPA) is not an application for a patent itself, as it just allows the inventor to claim “patent pending” status for an invention.
Although it involves fewer requirements and only a fraction of the cost of a regular patent application (RPA), the inventor must proceed to file an RPA within a year of obtaining the PPA.
We Can Help You to Obtain a Patent in Florida – Work with Jurado and Farshchian, P.L.
Filing for a patent involves the investment of plenty of time and money, so waste no time with uncertainty. Contact Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.