Patent Information

With Frequently Asked Questions

You have invented... something.

Light bulb representing ideas and inventions

It may be the newest kitchen or household gadget, a new method of manufacturing a product, a new process, anything. Either way, it will change the world for the better; but, what do you do with it now? At Dobbin IP Law, we can help you protect your invention.

We secure patents so that only you may control it for years to come. With even the most complex inventions and industries, we pick technology up quickly so as to provide you with the highest quality legal service possible. We work closely with our clients so we can provide the best representation possible.

How Does a Patent Work?

A patent is a property right often referred to as a "limited monopoly." It is designed to give inventors the right to exclude others from using, manufacturing, and selling their inventions in a given country. Before receiving a patent, inventors must disclose the process by which their invention is made and how it works. As a part of the bargain, after a patent expires, the invention is released into public domain for all to use and improve.

There are three types of patents:

Utility Patents

A utility patent is the most common type. A patent in this category is based on the processes or machines by which the invention operates. Manufacturing improvements also fit into this category. The object or process that is described must be new, non-obvious and useful. Most utility patents last between 17-20 years.

Design Patents

A design patent focuses primarily on the appearance and ornamental design of the item being patented. These last 15 years.

Plant Patents

A plant patent is issued to those who have discovered new varieties of plants through the process of asexual reproduction. They last 20 years from the date of filing the application.

Getting a Patent

As one of the first steps in applying for a patent, you must decide if you want a provisional application or a non-provisional application. Whichever you decide upon, you will eventually need to file a non-provisional. However, many opt to start with the provisional application. In doing this, not only is the upfront cost lowered, but the words "patent pending" can be used on the product even as you continue to develop your invention before proceeding to the more final filing of the non-provisional patent application.

Subsequently, you will need to decide whether or not to use a patent attorney. Our experience shows that many inventors can file a basic provisional patent application on their own; however, in doing so most risk not disclosing enough in the specification to support a patent. Also, in many cases, the time taken to draft a provisional application by yourself is usually measured in multiples over what a patent attorney would take, simply because we, as a whole, have done this many times before. Thus the results are faster and more complete. In any event, when the time comes to file the non-provisional application, it is highly beneficial to have an experienced attorney who knows how to work with the United States Patent & Trademark Office and how to meet all standards while making your patent as strong and broad as possible.

The Search

Since a patent is granted based on improvements an invention makes over the state of the art then known (the "prior art"), it is generally a good idea to examine the prior art to first determine if the invention appears patentable and that the invention does not infringe someone else's patent. We provide both patentability and freedom to operate opinions to help with your due diligence.

Download a Step-by-Step Guide to Patents

Patent Guide

Contact an Experienced Patent Attorney

If you have any additional questions regarding patents, please review our Patent FAQs section below, containing answers to many commonly asked questions. Additionally, you can call to schedule your complementary strategy session where we can discuss the particulars of your invention and how we can help you.

At Dobbin IP Law, we pride ourselves in being as honest and upfront with our clients as possible. So we will let you know as soon as possible whether or not we think your invention is patentable.

Our Patent Work

Dobbin IP Law has secured patents in a wide range of technical fields. Below are some examples of our patent portfolio.

Frequently Asked Questions About Patents

Historically, a patent was a grant of property from a government. The term was then attached to the monopolies governments gave out to inventors for intellectual property. Today a patent is an exclusive right given to an inventor to sell, use and make an invention for a limited period of time. In the United States, the granting of patents is actually one of the powers given to Congress in our Constitution (Article I, section 8).
In the United States there are three types of patents. The first is a utility patent. This is what most people think of when they say "patent." It protects the useful features of an invention. The second is a design patent, which protects an object's unique design elements, and the third type is a plant patent, which protects new varieties of plants. This FAQ will deal primarily with utility patents, unless otherwise noted.
Generally, a utility patent in the United States lasts 20 years from the date the application for the patent was filed or 17 years from the date it was issued, depending on which is longer. There are some procedural issues which may increase or decrease that term on an individual basis. A design patent lasts 15 years from the date of issue.
An idea is just that: It is some thought that usually runs along the lines of "wouldn't it be great if…" An idea may be directed towards improving some current product, some creative use of new technology, or may be entirely new. However, the idea does not become an invention until it is reduced to practice – which means you implement the idea into a "tangible" form.
Just about anything so long as it meets the statutory standards of utility, novelty, and non-obviousness. There are some statutory exceptions, like recipes, which cannot be patented by law.
There are three main standards for patentability: utility, novelty, and non-obviousness. "Utility" means that the invention has some use. "Novelty" means that no one else has done it before, that the invention is totally new. "Non-obviousness" means that the invention, while new, must also be far enough removed from the prior art that you could not readily create the invention from just looking at the prior art (that it was truly invented, not assembled from known bits and pieces). This is the hardest standard to meet as, basically, the USPTO determines if the invention is "worthy" of a patent.