Why You Need a Patent Lawyer

Patents have been a part of the United States since the very beginning of the country. In fact, it was the U.S. Constitution which gave congress the power to grant them. This led to the development of the first patent law in 1790, which slowly evolved into the U.S. Patent Act which we know today. This law gives inventors the right to prohibit other people or organizations “from making, using, offering for sale, or selling” their creation or anything similar to it. It encourages people to create new inventions by eliminating the fear that people will copy and profit from those discoveries.

A Patent Lawyer can help you successfully navigate the laws, the patent process, and properly protect your intellectual property.

The U.S. Patent Act conditions require that the invention be:


Although U.S. patent law has some of the most liberal requirements for patent-ability in the entire world, including almost anything which can be made by man, there are still some things which are not patentable. These include laws of nature, mathematical formulas, abstract ideas, and physical occurrences.


The invention must have some useful function and achieve the intended goal when operated.


This means that not only can this invention or anything similar to it not be in use in this country, but it can not have been known about or explained in any published material anywhere in the world.

Not Obvious

This clause of the patent law is one of the most difficult to interpret. It states that the invention can not be obvious “to one of ordinary skill in the art.”


According to United States patent law, an idea or suggestion is not patentable. Therefore, the United States Patent and Trademark Office requires inventors to explain their invention and the procedures involved in creating it. This must be done in enough detail that anyone who understands the technology behind it could “make and use” it. This process is known as enablement.

A Patent Lawyer or a Patent Agency, such as InventHelp, can help you make sure that all of these requirements are met.

There are three different types of patents which can be obtained. The patents include:

Utility Patents

Utility patents protect actual processes, manufacturing methods, machines or other inventions.

Design Patents

Design patents protect the way something looks. These can be obtained for something which has already been invented as long as the design is in some way new or original.

Plant Patents

Plant patents safeguard the invention of new types of plants.

A Patent Lawyer is well versed in types of patents and can help you determine which category your patent would fall under.

In order for an inventor to obtain a patent, he must meet several conditions. The conditions that must be met include:

  • Filling out a patent application and paying the required fees.
  • Submitting the name, address and other required information about the inventor. In most cases, only an inventor can apply for a patent.
  • Providing a written description of the invention.
  • Presenting a drawing of the invention, where this is required to understand it.
  • Detailing the claims about the invention. This is the place where the applicant describes what differentiates his invention from other inventions and explains what will be included in the patent.

Obtaining a Patent Lawyer will ensure that all of these requirements are fulfilled correctly.

It is possible to obtain a patent by yourself. However, patent law is complex, can be difficult to interpret, and changes all the time. In addition, there is a lot of complicated paperwork involved. If it is not done correctly, your patent application may be denied or you may obtain a patent that does not adequately cover you as explained in If you want to be sure that your invention is protected, you need a lawyer.

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