When should I get a patent to protect my business in New Jersey?

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When Should I Get A Patent To Protect My Business In New Jersey

In New Jersey, people who have created a product or formulated an idea will want to benefit from it financially. This is true regardless of whether they began their work to build a business, benefit others or both. That will include understanding the various legal issues that can arise when protecting their property and keeping it from being used against their will or outright stolen. Understanding the arcane details about protecting intellectual property can be complicated. Being fully aware of the rules regarding patents is key to being shielded from wrongdoing and getting credit – financial and personal – for their work.

What types of patents are available?

A person seeking a patent has three options. The item itself will dictate which is applicable. They are a utility patent; a design patent; or a plant patent. The utility patent is for a person who has created or improved a useful product, process or machine. A design patent is for those who have created a new, original and ornamental design for a product. Plant patents are for those who have invented, discovered or reproduced – asexually – a new kind of plant.

Why do I need a patent?

Once a person has a patent, it will prevent others from manufacturing, utilizing, selling or trying to sell that which is covered. For example, if a person creates a new kind of cellphone holder for an automobile, they can get a design patent to ensure the creator is the one who profits from it without others taking the idea and using it for their own purposes without permission or sharing the proceeds.

Professional assistance is essential with patents

Many creative and inventive people are lacking in sufficient knowledge to protect themselves and are frequently left on the outside looking in when unscrupulous people or those who have a greater knowledge of the law take advantage of them. To avoid that, it is imperative to have a patent. This is especially important for those with a small business as they can be severely damaged by failing to secure patents. Consulting with those who are experienced in business law can be helpful to avoid a negative outcome and to profit from their innovations.


Michael Ritigstein is a Founding Partner of the firm concentrating his efforts in supporting the firm's litigation, corporate and estate matters. Mr. Ritigstein graduated from the University of Delaware in 1996 and Seton Hall University School of Law in 2000. In 2007 he received a Masters of Law in Taxation with a concentration in Estate Planning, from Temple University's Beasley School of Law.

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