Legal Question in Intellectual Property in California

You may either file a Non-provisional Utility Patent application to protect the functionality (the way your device works) of your new device, or you may file a Design Patent application to protect the non-functional ornamental aspects (the way that your device looks) of your new device.

There are many complex factors that may affect your ability to receive a patent- namely, whether any Prior-Art (current patents/published patent applications) renders your new device non-patentable due to �obviousness.� Consult an experienced Intellectual Property attorney to conduct a Patentability search and draft your patent application.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

An attorney will say there is not enough information to answer your question. Patents are a very complex area of law and you should consult a patent attorney for conducting a patent search as well as interpreting the search. This can cost a couple thousand just for starters. Get estimates and consult with a patent attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney