Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Patent law is a branch of intellectual property law that grants inventors exclusive rights to make, use, sell, or import their inventions for a limited time, typically 20 years from the filing date in the United States. Although patents are governed by federal law, residents and businesses in Virginia often interact with patent processes through the United States Patent and Trademark Office (USPTO), which has its main headquarters in Alexandria, Virginia. Patent protection encourages innovation by safeguarding the rights of inventors, ranging from independent inventors and research institutions to growing technology companies within the Commonwealth.
Navigating the patent system can be complex, and many people seek legal assistance for several reasons. Some common situations where having an attorney is helpful include:
Patent lawyers understand both the technical and legal aspects of inventions, ensuring the strongest possible protection and compliance with complex legal standards.
While patent laws are primarily dictated by federal statutes, such as Title 35 of the U.S. Code, Virginia has a unique relationship to patent law due to its proximity to the USPTO and its role as a hub for innovation, government research, and technology companies. Key aspects to consider include:
Anyone filing for or defending a patent in Virginia must be aware of the intersection of federal processes and local resources available to them.
To be eligible for a patent, your invention must be new, useful, and non-obvious. This includes processes, machines, articles of manufacture, or compositions of matter. Abstract ideas, natural phenomena, and laws of nature are not patentable.
You must file an application with the United States Patent and Trademark Office. The application includes detailed descriptions, claims, and often drawings or diagrams. You may file as a provisional or non-provisional patent.
You can file your own application, but many inventors use a registered patent attorney or agent to ensure all legal and technical requirements are thoroughly addressed.
The process typically takes 1 to 3 years, depending on the type of invention and the complexity of the application. The time might be shorter or longer based on USPTO workload and examination process.
A patent gives you the exclusive right to make, use, sell, and import your invention in the United States. You can license, assign, or enforce these rights against infringers.
Patent infringement occurs when someone makes, uses, sells, or imports your patented invention without your permission. Remedies can include an injunction or monetary damages.
Filing and maintenance fees vary, but expect to pay between several thousand to tens of thousands of dollars for a professionally prepared and prosecuted application, depending on complexity.
You may use any attorney registered to practice before the USPTO regardless of their physical location, but local attorneys may be better suited for in-person meetings or litigation support in Virginia courts.
The USPTO is the federal agency that examines and grants patents. Its headquarters in Alexandria is a central resource for inventors in Virginia, though all filings are handled online.
If you develop an invention as part of your employment or with university resources, your employer or institution may have certain ownership rights, often detailed in contracts or employment agreements.
If you are considering patenting an invention or need legal assistance with an existing patent issue in Virginia, start by gathering all documentation related to your innovation. Next, schedule a consultation with a qualified patent attorney or agent with experience in your industry. Prepare to discuss the details of your invention and any prior public disclosures. For most federal patent work, ensure your attorney is registered with the USPTO. If your matter involves employment, university research, or potential litigation, seek an attorney familiar with Virginia-specific aspects as well. Making informed decisions early in the process can greatly increase your chance of successful patent protection and enforcement.
