Protect Your Innovation With a Patent
Many successful companies thrive because they have created products, technologies, or processes that outperform their competitors. This kind of innovation can provide a powerful competitive advantage—but only if it is properly protected. Without patent protection, competitors can often replicate your idea quickly and cheaply, putting your business at a significant disadvantage.
A patent gives you the exclusive right to make, use, or sell your invention for a defined period of time. This protection not only deters others from copying your innovation but also provides legally enforceable rights if patent infringement occurs. For businesses across Kansas City and beyond, filing a patent early and strategically is essential to safeguarding their competitive edge.
Why Timing Matters for Patent Filing
In the United States, a patent application must be filed within one year of publicly disclosing or offering an invention for sale. In many other countries, the rules are even stricter—requiring the application to be filed before any public disclosure whatsoever. If a competitor publishes or discloses a similar invention before you file, your rights may be significantly limited.
The takeaway:
To secure the strongest protection, file your patent application as early as possible.
The “First Inventor to File” System
Since 2013, the United States has used a “first inventor to file” system. Under this system, patents are awarded to the first inventor who files a patent application—not necessarily the first person who invented the idea. This makes prompt filing crucial.
Many innovators begin with a provisional patent application, which establishes an early filing date. Within one year, they follow with a non-provisional application to pursue full patent protection.
As a Kansas City patent law firm, Bateman IP guides inventors and companies through both provisional and non-provisional filings to ensure the strongest possible protection.
Our Patent Experience
Bateman IP has extensive experience preparing, filing, and prosecuting patents across a wide range of industries, including:
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Medical devices
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Automotive components
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Building materials and environmental systems
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Electronics
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Packaging, pumps, and industrial equipment
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Sporting goods, toys, and recreational equipment
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Security systems, sensors, and detection technologies
Whether you are a Kansas City startup, mid-size manufacturer, or global enterprise, our team helps you protect your ideas and avoid costly disputes.
Types of Patents and Their Protection
Different inventions require different forms of patent protection:
Utility Patents
Protect new and useful processes, machines, systems, and chemical compositions.
Design Patents
Protect the unique ornamental appearance or aesthetic design of a product.
Plant Patents
Protect new and distinct plant varieties that are asexually reproduced.
Each patent type offers exclusive rights for a specific period of time. Bateman IP helps clients determine the right patent strategy for each innovation.
The Patent Application & Prosecution Process
Once you determine that your invention is unique, the next step is filing with the U.S. Patent and Trademark Office (USPTO). The process of preparing, submitting, and shepherding your application through USPTO examination is known as patent prosecution.
Bateman IP assists clients throughout the entire process—including drafting, filing, responding to USPTO office actions, and overcoming examiner rejections—to help ensure your patent is approved efficiently and effectively.
Common Patent Pitfalls
Many inventors risk losing rights by making the following mistakes:
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Disclosing their invention publicly before filing
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Missing critical filing deadlines
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Failing to document the development process
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Assuming an idea is patentable without proper searching
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Filing too late and losing rights to competitors
Bateman IP helps clients avoid these costly errors and develop filing strategies that maximize protection and value.
Educational Resources
At the request of the Utah State Bar, attorney Randall B. Bateman presented the New Lawyer Patent Law Seminar in 2015. The material from this program—now available online—provides a concise and practical introduction to patent law.
For those seeking a foundational understanding of patents, this resource is an excellent starting point.
Patent Litigation & Enforcement — Representative Matters
Bateman IP has significant experience enforcing and defending patent rights, including complex litigation in federal courts:
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A sporting goods company was sued for patent infringement. Bateman IP demonstrated the invention had been on sale before the critical one-year date, resulting in the patent being deemed invalid. The patent owner withdrew the complaint.
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Represented a purse manufacturer accused of infringement. Despite a temporary restraining order already in place, Bateman IP showed that key claims did not apply to the client’s product and that remaining claims were invalid over prior art. The plaintiff dropped the case immediately afterward.
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A manufacturer of electronic equipment faced a lawsuit involving a medical method patent. Bateman IP secured dismissal with prejudice, proving that a third party—not the client—performed essential steps of the method, making infringement impossible.
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A software company sought relief from competitors who were threatening customers with patent infringement. After mediation failed, Bateman IP obtained summary judgment that all four asserted patents involved ineligible subject matter, resulting in all 118 claims being invalidated. The ruling was unanimously upheld on appeal.
Bateman IP takes every IP litigation matter seriously, ensuring that clients’ innovations—and business revenue—are fully protected.
Protect Your Ideas With Bateman IP
Innovation is one of your company’s strongest assets. Bateman IP helps Kansas City businesses protect those assets through strategic patent filing, skilled prosecution, and effective enforcement.
Don’t leave your invention vulnerable.
Contact Bateman IP to secure your patent rights and safeguard your competitive advantage.
Many companies succeed because they have developed products or processes that are superior to those of their competition. The superior nature of products or processes can be a significant competitive advantage. However, unless the company can exclude others from offering the same product or using the same processes, the company actually be at a disadvantage as copiers can usually spend less on research and development.
By obtaining a patent, the company can exclude its competitors from making the product or using the improved process, for a given length of time. They also have protectable rights in the event of patent infringement. In the United States, a patent must be applied for within one year from the date on which an invention was publicly disclosed or offered for sale. However, many countries require a patent application to be filed before there has been any disclosure of the invention. Similarly, in the United States, the scope of a patent may be narrower if a competitor discloses a similar product before the company has filed for a patent application. Therefore, it is important to promptly pursue the filing of a patent application if protection is desired.
In March of 2013, the United States transitioned from a “first to invent” to a “first inventor to file” system. Rather than being awarded to the first inventor, patents are generally awarded to the first inventor to file. Therefore, it is more important than ever to promptly file patent applications. This may involve filing a provisional patent application, and then filing a non-provisional application within one year of the provisional filing date.
Bateman IP has experience in patenting a wide variety of technologies, including audiology equipment, automotive products, baby products, biotechnology, building materials, chemical compounds, computer software, craft supplies, engines, environmental clean-up systems, electronics, games, guns, medical products, medical procedures, packaging and packaging equipment, painting supplies, pumps, scientific instruments, security equipment, sensors, speakers, sporting equipment, targets, toys, and ultrasonic arrays. Let us help protect your company’s innovations and prevent patent infringement!
Types and Terms of Patents
There are different types of patents that protect different types of innovation. The three main types of patents are utility patents, design patents, and plant patents. Each provides the owner of the patent with the right to exclude others from making, using, selling, or offering to sell the patentee’s invention for a limited period of time. Learn about the differences between these patents and the term duration of each type of patent.
The Patent Application Process
Once you have ensured that no one else has already patented your invention, your patent application can be prepared and filed with the U.S. Patent and Trademark Office. The process of moving a patent application through the process is called prosecution. Learn how to prepare your application and the ins and outs of having it approved.
Common Patent Pitfalls
Learn about common mistakes and legal pitfalls people encounter when filing for a patent. Stay ahead of your competitors by avoiding these common mistakes.
At the behest of the Utah State Bar in 2015, Randall B. Bateman conducted the New Lawyer Patent Law Seminar for new attorneys and interested individuals. This material is now available online. For a crash course in patents, this is the place to start.
