Intellectual Property Law

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What is the best way to go about creating an LLC and also…

What is the best way...
What is the best way to go about creating an LLC and also how to go about getting a patent on an invention?
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Answered in 6 hours by:
3/8/2018
Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 497
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for 20 years. I am working on a response to your questions and will send that to you shortly.

Ask Your Own Intellectual Property Law Question

Formation of an LLC (limited liability company) in the State of Washington (as in most states) is pretty straightforward. You will need to complete the Certificate of Formation (found here - https://www.sos.wa.gov/_assets/corps/llc-formation112016.pdf) and file that with the Washington Secretary of State along with the filing fee of $180 (with an additional $50 for a total of $230 you can file with expedited service, which may speed up the filing). You will need to identify a registered agent for the company. This individual or company is where any legal notices will be sent and deemed effective as service on the company. The form is pretty simple and the instructions should make it easy to complete.

Patenting an invention is much more lengthy and technical process. Patent applications are processed through the USPTO (U.S. Patent and Trademark Office). The first step in any potential patent is to determine if your invention is able to be patented. Only the actual inventor may apply for the patent (if a patent is issued that person can assign rights to the invention to a company or other individual). The types of things that may qualify for a patent relate to processes, machinery, manufacturing techniques, new composition of matter (e.g., pharmaceuticals, chemical compounds), or improvements to existing such inventions. The invention must also be new or novel, non obvious (not something anyone could make or figure out from existing technologies or products), be adequately described and operable at the time the patent is sought, and be clearly and definitely defined such that the USPTO can determine if, in fact, the claimed invention is new or is something that has already existed and/or been patented. Patent applications are lengthy and highly technical. It is recommended that a patent attorney who regularly submits such applications be consulted to assist in pulling together your application materials and responding to any follow-up inquiries from the USPTO. A thorough search of existing patents - U.S. and foreign - is a good idea prior to submitting any application to try to determine if your invention is truly new and not something that would be considered disclosed in "prior art" (prior patented items or processes). Such thorough searches can be difficult and are best left to a patent attorney or other company that specializes in this type of service.

I hope this is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This is for ​informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 497
Experience: Member at Keefer & Keefer LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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