Patent Prosecution in Georgia

You have a right to protect your intellectual property from someone else copying your unique work. Patents are essential because you are safeguarding your ability to profit from what you created. Those infringing on your patent take profits from your pocket when consumers purchase a copy of your product from them.

If you recognize the value of a patent for your product, idea, design, or newly discovered plant, a seasoned patent attorney can assist you. Reach out to the skilled team at Sparks Law for help with patent prosecution in Georgia.

Patent Prosecution is a Process

Many people mistake patent prosecution for the legal action taken against people who infringe on inventors’ patents. However, this process refers to the process of applying for patent protection. Before beginning the process, an inventor must decide whether to seek a utility, design, or plant patent.

A utility patent protects how an invention works. A design patent protects how a useful product looks, and a plant patent protects those who discover new asexually reproducing plants or hybrids from other breeders. Software patents are also granted for processes and designs associated with computers and handheld devices. A skilled Georgia lawyer can help decide which type of patent an inventor should seek.

Steps for Patent Prosecution in Georgia

Once an inventor determines the type of patent, an attorney will conduct a search from more than 100 databases seeking patents that have already been granted and are similar or identical to the invention at issue. To earn a patent, inventions or designs must be unique, useful to consumers, and replicated for multiple buyers. An invention that is too similar to one already patented will be rejected. Other steps in the patent process include:

  • Determining and developing claims about the invention or design
  • Creating descriptive drawings with figures that show an invention (design patents rely mainly on drawings)
  • Determining whether to file for a provisional or non-provisional utility patent (provisional applications permit the inventor to claim patent pending status)
  • Preparing and filing the application with information requested by the U.S. Patent and Trademark Office (USPTO)
  • Working with the Patent Office examiner, defending and explaining an invention’s claims

If the examiner rejects a patent application, the inventor’s attorney can file an appeal or a request for continued prosecution. A failed appeal can be brought to Federal Circuit Court, where a judge will affirm or reverse the patent denial. Because patent prosecution is complex, a dedicated intellectual property lawyer should be involved from the start of the process.

Patent Prosecution Highway Pilot Program

The Patent Prosecution Highway pilot program is available to some applicants who must submit specific documentation and receive a ruling from the Office of First Filing that at least one claim included in an application is worthy of a patent. The application is first subject to pre-exam processing.

The Office of Second Filing can speed up processing before examination if the inventor requests it. The Pilot Program cuts down on duplicate searches and reviews because the USPTO offices partner among themselves and other countries by sharing the tasks associated with patent prosecution. A knowledgeable patent prosecution lawyer at our Georgia law firm can further advise on whether this program is available.

Consult a Georgia Attorney on Patent Prosecution

Your unique and valuable invention can draw other people and companies that copy your work to profit from it. The best way to avoid losing market share and money is to patent your invention, design, or newly discovered plant.

However, patent prosecution is complex and takes time. One wrong step, such as applying for a design patent when you really need a utility patent, can cost you time and money when the USPTO denies your application. Let the team at Sparks Law help prevent these costly mistakes. Our experienced attorneys understand patent prosecution in Georgia and can explain what it will take to get your invention approved. Call for your initial consultation.