The Role of Patents in Protecting Innovation

When is it worth applying for a patent? If your company has developed (or is in the process of developing) an invention, is it worth seeking patent protection with the U.S. Patent and Trademark Office (USPTO) or an international registrar?

Answering these questions requires a clear understanding of both the nature of patents and the benefits of patent registration. If an innovation is eligible for patent protection, then hiring a Florida patent attorney to apply for registration will be well worth it in most cases. Securing patent protection for an invention affords several benefits, and patent owners in the U.S. and abroad have the ability to enforce their rights through litigation when necessary.

What Does a Patent Protect?

Patents protect innovation. In the United States, the owner of a patent has the right to “exclude others from making, using, offering for sale, or selling” the invention or “importing” instances of the invention into the United States.

To be clear, a patent protects the invention only. It does not protect any branding (which is subject to the law of trademarks), and it does not protect any non-patentable literary or visual elements—even if these elements are original and unique (these are subject to the law of copyrights). As a result, when companies apply to register patents that they plan to commercialize, they may benefit from applying for trademark and copyright registrations in most cases as well.

In the United States, patents fall into three categories:

• Design Patents – A design patent protects “a new, original, and ornamental design for an article of manufacture.” The iconic traditional Coca-Cola bottle and Fender Telecaster guitar are examples of design patents.
• Utility Patents – A utility patent protects “a new or improved and useful process, machine, article of manufacture, or composition of matter.” Famous examples include the telegraph, the internal combustion engine and the Slinky.
• Plant Patents – The USPTO awards plant patents “for inventing or discovering and asexually reproducing any distinct and new variety of plant.” The Honey Crisp apple and the Haas avocado were both patented, and many ornamental trees and flowers are patented as well.

In all cases, to be patentable in the U.S., an must meet three basic requirements—it must be (i) useful, (ii) novel, and (iii) non-obvious. While improvements to existing innovations are eligible for patent protection in appropriate cases, deriving a product from a patented invention, or reverse engineering a patented invention, can lead to patent infringement allegations.

What Are the Benefits of Patent Registration?

As mentioned above, patent registration affords several benefits. These benefits largely fall into three main categories:

1. Exclusivity

Patent owners have the exclusive right to produce, use and sell their innovations. This exclusivity can provide patent owners with a significant commercial advantage, and it can also give patent owners a leg up in developing further innovations that are also commercially viable and patent-eligible.

2. Licensing  

Along with producing, using and selling their innovations themselves, patent owners can also license these rights to third parties. Licensing is a significant source of revenue—if not the sole source of revenue—for many registered patent owners.

3. Value

Patents are assets that can hold immense value. Patents regularly change hands for multi-million-dollar sums, and patent exclusivity is responsible for some of the most successful businesses in the world. In a world where innovation is the key to success, patent protection can be vital for building a business that stands out from the crowd.

Protecting Innovations Through Provisional Patent Applications

There are two primary types of utility patent applications in the United States. The first is the provisional patent application. Filing a provisional patent application establishes the filing date for the claimed invention, and it provides a 12-month window to develop an invention to the extent that it qualifies for a nonprovisional filing.

Protecting Innovations Through Nonprovisional Patent Applications

Regardless of whether an inventor files a provisional patent application, it must file a nonprovisional patent application to secure registration with the USPTO. Due to the complexity of the nonprovisional patent application process, it is important to work with an experienced Florida patent attorney who can help ensure that the application meets all of the applicable requirements.

Protecting Patents (and Innovations) Through Monitoring and Enforcement

When it comes to protecting innovations through patents, registration is just the first step in the process. Patent owners must also monitor for instances of infringement, and they must take appropriate steps to enforce their exclusive rights when necessary. This includes not only monitoring for (and taking appropriate action against) unauthorized third-party uses, but also monitoring to ensure that licensees do not exceed the scope of their contractual rights.

Patent owners should monitor for concerning third-party patent registration applications as well. If a third-party patent application threatens to impair the value of an owner’s patent or interfere with the owner’s ability to register additional innovations in the future, then it may be advisable to take action at the USPTO.

Protecting Patents (and Innovations) Through Litigation

Patent owners can also pursue litigation to protect their innovations when necessary. Through litigation, patent owners can secure injunctions that prevent infringing uses of their innovations. Patent owners can also obtain damages (usually in the form of lost profits or “reasonable royalties”) when warranted. But, as with all forms of intellectual property, prompt action is essential—as allowing the infringing use of a patented invention to continue unchallenged can impair the owner’s ability to seek judicial enforcement.

Speak with a Florida Patent Attorney at Lott & Fischer

Do you have questions about the benefits of patent protection or whether your company is eligible to apply for a patent in the U.S. or abroad? If so, we can help, and we invite you to get in touch. To schedule a confidential initial consultation with an experienced Florida patent attorney at Lott & Fischer, please call 305-448-7089 or tell us how we can help online today.