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Patent Lawyer Bergen County NJ

Patent Lawyer Bergen County NJ

If you or your business has invented a new product, product design, or even a species of plant, it’s important to speak with an experienced patent lawyer Bergen County, NJ residents trust and to do so as soon as possible. As soon as an invention turns from a vision into reality, it needs to be legally protected. Failing to protect your invention now could lead others to infringe upon your intellectual property rights. Additionally, failing to protect your invention now could leave you vulnerable to personal liability in the event that someone else insists that your invention is actually their intellectual property.

The experienced New Jersey legal team at Kaplan Law Practice, LLC takes great pride in assisting both individual inventors and innovative businesses with realizing and enforcing their intellectual property rights. Once we learn more about your invention in a confidential, risk-free consultation setting, our Bergen County, NJ patent lawyer team will begin discussing how to protect your intellectual property rights most efficiently and effectively. If you’ve invented a product design, our only option is to move forward with completing a non-provisional patent application form as quickly as we possibly can. However, if you’ve invented a product, machine, process, or species of plant, we will likely advise that you allow us to file a provisional patent application in advance of (and in addition to) filing your non-provisional patent application.

Securing Provisional vs. Non-Provisional Patent Protection

The only way to secure a patent is by having a non-provisional patent application approved by the United States Patent and Trademark Office (USPTO). The non-provisional patent application process allows the USPTO to evaluate the novelty of your invention. The date upon which the USPTO receives your non-provisional patent application is very consequential, as the novelty of your invention will be judged against your non-provisional patent application’s filing date. This is where filing a provisional patent application in advance of (and in addition to) filing your non-provisional patent application can give you an edge in securing your patent. If you file a provisional patent application for your invention within 365 days before you file your non-provisional patent application, the latter will benefit from the provisional patent application’s submission date. This means that your invention will be safeguarded against so-called prior art and other inventors seeking to protect similar work during the period in which your non-provisional patent application is being prepared. The process of preparing a non-provisional patent application is time-intensive, so submitting a provisional patent application can allow you to move through that process without cutting corners in the interest of getting your non-provisional patent application to the USPTO as soon as possible.

Please note that design patents aren’t eligible for the provisional patent application process, which is why we wouldn’t recommend that this step be taken in the event that you are trying to patent the design of a product or machine.

Invent, Patent and Protect: What You Need To Know Before Filing for a Patent

Did you know that Alexander Graham Bell, the inventor of the telephone, had stiff competition? Another inventor filed a patent for the same device on the same day and it was to be contested in an interference hearing. Thanks to the expertise of his patent lawyers, however, Mr. Bell won his patent and is remembered for his invention to this day. Filing for patents has always been a highly competitive and time-consuming process, so it is vital to know what you need before you start. Here are two tips to follow before filing for a patent:

1. Determine if It Is Patentable

Not every invention can be patented; certain requirements must be met. Kaplan Law Practice, LLC, can help determine if you are eligible for a patent. First, to receive a patent, the invention must be productive. For example, while they may be a fun trinket, those little box toys with one button that when pressed causes the toy to push it again and turn itself off are not very useful and thus not eligible for a patent.

Secondly, your invention must be unique. If your invention aligns too closely with an already patented invention, you may not receive a patent.

Lastly, the invention cannot be overly obvious. If any average person in your field may use this solution on a day-to-day basis, it is not unique and inventive enough to receive a patent. Before applying for a patent be sure to consult with a patent lawyer in Bergen County, NJ, to ensure all criteria are met.

2. Establish What Kind of Patent You Need

Because of the myriad types of inventions that can be patented in the United States, there are several different types of patents you may apply for, and you must select the correct one. When navigating this process, conferring with a patent lawyer in Bergen County, NJ. Kaplan Law Practice, LLC, can drastically cut down on time spent scrutinizing the fine print on which type of patent you need to file.

There are three main categories of patents, including design, utility and plant. Design patents cover aesthetic components of an invention. Utility patents protect the functionality of the invention and also cover any software inventions.

 Lastly, there are plant patents — and yes, that means plant as in apple tree. Plant patents protect any key developments in the plant’s growth. For example, if a biologist figured out how to make an apple tree produce more apples with higher resistance to pests and disease, that’s a feature to patent.

The expertise of your patent lawyer in Bergen County, NJ, can expedite this process and ensure you apply for the right patent the first time.

4 Important Questions To Ask Before Hiring a Patent Lawyer

For any inventor or creator, the products of their intensive work and experimentation are precious
to them. To protect them you will want to hire an excellent patent lawyer in Bergen County, NJ.
It's important that you find the right patent law firm to work with you, but you might not know how
to determine which firm might be best. Kaplan Law Practice recommends asking the following
four questions to help zero in on the best option for you and your needs.

1. What Is Your Specialty?

You might think that patent law is specialized enough but actually many attorneys choose to
focus on one particular side of patent law. There are lawyers who are more experienced or
knowledgeable in patent litigation and others who focus more on patent prosecution. Litigation is
when there is a dispute over patent rights and prosecution helps a client obtain their patent. Make
sure that any patent lawyer in Bergen County, NJ that you take the time to interview has plenty of
experience the type that you and your company require.

2. What Is Your Technical Experience?

Patent lawyers are actually required to have some technical experience before they can pass the
patent bar exam. That usually means that any patent attorney usually has a technical degree that
would give them the necessary experience for patent law. Find out just what type of technical
degree your potential lawyer has obtained. The best-case scenario would be to hire an attorney
who has studied the field your product is related to so that they can better understand your

3. Who Will I Work With Directly?

Another critical question is to know just who you will be working with. Depending on how large the
law firm is that could be any number of attorneys or administrators. Make sure you are meeting
the actual person or team you will contact directly. It's important that you connect well so that
communication can flow easily between you and your patent lawyer in Bergen County, NJ.

4. How Much Will Your Services Cost?

Last but not least you want to get a clear scope of the cost for any lawyer's services. Kaplan Law
Practice recommends asking how you will be charged for different services like filings or
questions asked over the phone. An attorney might not be able to outline every cost that might be
associated with your case, but they should be able to outline how much they charge for specific
services that will likely be rendered through the course of your patent filing.

Legal Assistance Is Available

If you haven’t yet scheduled a consultation with the Law offices of Joshua Kaplan, please do so today. Our Bergen County, NJ patent lawyer team will be honored to help you protect your intellectual property rights.

Josh Kaplan is an excellent lawyer. He carefully listens to his clients and their needs and then provides the appropriate legal solutions. I strongly recommend anybody to use his services as he is very knowledgeable, honest and discreet and gets the job done within the promised time frame.

Eric C

Joshua Kaplan came immediately to the hospital when my relative was in an accident and was very helpful in expediting necessary documents which ultimately gave me the power to save My Godmother's life as she needed emergency life saving surgery and did not have a health care power of attorney prior to this accident. Mr. Kaplan was very professional as well as very caring and extremely helpful in this very stressful situation. I would highly recommend Mr.Joshua Kaplan for his legal expertise and cannot praise him enough for all his help.


My dealings with Joshua have been nothing but pleasant and the work he did for us was complete and done in a timely manner.

He was very attentive to our company's needs and gave us 110% for the work we needed completed.


We used Josh for many things. He did my patent. Wrote it quick and very through. He also did a TM and design patent for our company. I have used other Lawer for different things and have never been more happier. Josh was alway available, called us back within a day. We highly recommend kaplan law practice.

Leonora Malakh

Josh is skillful and diligent attorney that handles estates trusts in NY and NJ. So if you are looking for a lawyer to help you and guide through the complexities of probating your estate or inheritance he is capable of delivering needed results.


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