Many companies succeed because they have developed products or processes that are superior to those of their competition.  The superior nature of products or processes can be a significant competitive advantage.  However, unless the company can exclude others from offering the same product or using the same processes, the company actually be at a disadvantage as copiers can usually spend less on research and development.

By obtaining a patent, the company can exclude its competitors from making the product or using the improved process, for a given length of time. They also have protectable rights in the event of patent infringement. In the United States, a patent must be applied for within one year from the date on which an invention was publicly disclosed or offered for sale. However, many countries require a patent application to be filed before there has been any disclosure of the invention. Similarly, in the United States, the scope of a patent may be narrower if a competitor discloses a similar product before the company has filed for a patent application.  Therefore, it is important to promptly pursue the filing of a patent application if protection is desired.

In March of 2013, the United States transitioned from a “first to invent” to a “first inventor to file” system. Rather than being awarded to the first inventor, patents are generally awarded to the first inventor to file. Therefore, it is more important than ever to promptly file patent applications.  This may involve filing a provisional patent application, and then filing a non-provisional application within one year of the provisional filing date.

Bateman IP has experience in patenting a wide variety of technologies, including audiology equipment, automotive products, baby products, biotechnology, building materials, chemical compounds, computer software, craft supplies, engines, environmental clean-up systems, electronics, games, guns, medical products, medical procedures, packaging and packaging equipment, painting supplies, pumps, scientific instruments, security equipment, sensors, speakers, sporting equipment, targets, toys, and ultrasonic arrays. Let us help protect your company’s innovations and prevent patent infringement!

Types and Terms of Patents

There are different types of patents that protect different types of innovation.  The three main types of patents are utility patents, design patents, and plant patents. Each provides the owner of the patent with the right to exclude others from making, using, selling, or offering to sell the patentee’s invention for a limited period of time.  Learn about the differences between these patents and the term duration of each type of patent.

The Patent Application Process

Once you have ensured that no one else has already patented your invention, your patent application can be prepared and filed with the U.S. Patent and Trademark Office.  The process of moving a patent application through the process is called prosecution.  Learn how to prepare your application and the ins and outs of having it approved.

Common Patent Pitfalls

Learn about common mistakes and legal pitfalls people encounter when filing for a patent. Stay ahead of your competitors by avoiding these common mistakes.

At the behest of the Utah State Bar in 2015, Randall B. Bateman conducted the New Lawyer Patent Law Seminar for new attorneys and interested individuals. This material is now available online. For a crash course in patents, this is the place to start.