10 Top Patent & Trademarks Law Firms in Austin, TX
Use this list to find the best Patent & Trademarks attorneys in Austin, TX. We suggest you contact at least three firms to determine which one best fits your budget and comfort.
Recommened patent & trademarks law firms near you
Schwegman Lundberg & Woessner, P.A.
8911 North Capital of Texas Highway, Suite 4150, Austin, TX 78759
Good to know...
Patent and Trademarks can be difficult and confusing, so we found some information which might help you.
How long does a patent last?
It depends on the type of patent it is: In the case of design patents, 15 years from issuance from the date of filing (14 years if filed prior to May 13, 2015). Plant and Utility Patents - 20 years from the date the application was filed in the United States, or, in special cases, from the date an earlier, related application was filed, according to the USPTO.
How long does it take to obtain a patent?
Your patent application will take 1-3 years to obtain unless you qualify for an accelerated review process with the USPTO. However, you can obtain "patent pending" status within 1-2 weeks, allowing you to notify potential competitors of your protection measures. Due to the fact that granted patents can be enforced retroactively, this serves as an effective deterrent and a first step toward protecting your idea.
How long does a trademark last?
Generally, trademark registration is valid for ten years. You can renew it indefinitely as long as you pay the fees promptly and demonstrate you are going to use it in the future.
I have an idea, but will need to consult with others with specific technical knowledge in order to fully develop the idea. What should I do?
You should have either a provisional patent application or a confidentiality agreement in place before revealing your idea to others. Ideally, both. The provisional application is not examined, but it preserves your filing date for a year, providing you with time to further develop the invention, obtain funding, etc.
My product has a patent, but someone else claims my product infringes their patent. How can this be?
Patents do not convey rights to the invention; instead, they convey a right to exclude others from using it. It is possible to receive a patent for an invention that, if used, would infringe another patent. As an example, if inventor A holds a patent claiming cell phones, and inventor B holds a patent claiming cell phones with a screen, inventor B may not be able to make his invention without infringing upon inventor A's patent. A licensing arrangement may be able to resolve the issue.
What do I need to do to determine if my invention is patentable?
In order to determine the likelihood of obtaining a patent, a preliminary novelty search should be conducted and an opinion prepared by a patent attorney. An initial novelty search includes a search of published patent applications, issued patents, and other publications. Traditionally, these searches are conducted by a professional searcher in the public search room of the USPTO. After the search is finished, a patent attorney reviews and studies the search results and renders an opinion on patentability.