IP Blog Series | Understanding Patents: Protecting Innovation in Kentucky and Beyond

Intellectual Property Blog Series: Blog 2

Author: Jay L. Phillips

What Is a Patent?

A patent is a form of intellectual property protection that grants an inventor the exclusive right to make, use, sell, or license their invention for a limited period—typically 20 years from the filing date. In exchange, the inventor publicly discloses how the invention works. Patents encourage innovation by rewarding creativity while promoting progress through knowledge sharing.

For Kentucky inventors, entrepreneurs, and businesses, patents can transform an idea into a valuable asset. (If you are new to intellectual property, see our first blog in this series “Understanding Intellectual Property: Why It Matters” for a broader introduction.) Whether you’re developing agricultural technology in Lexington, manufacturing equipment in Louisville, or software in Bowling Green, understanding your patent rights is the first step in safeguarding your competitive advantage. The second step? Finding the best Lexington KY lawyers to represent your interests.

The Three Types of Patents

There are three main types of patents recognized by the United States Patent and Trademark Office (USPTO):

1. Utility Patents

A utility patent protects the functional aspects of an invention—how it works or is used. This includes machines, processes, manufactured items, chemical compositions, and improvements to existing inventions. Most patents fall under this category.

Example: A new medical device or a software algorithm that improves data processing.

2. Design Patents

A design patent protects the ornamental appearance of a product rather than its function. These are often used in consumer goods, furniture, or electronics—anything where visual design adds commercial value.

Example: The unique shape of a bottle, the interface of a smartphone, or the appearance of jewelry.

3. Plant Patents

A plant patent protects new varieties of asexually reproduced plants, such as hybrids or genetically unique cultivars.

Example: A new hybrid apple tree or ornamental flower bred for commercial use.

Patent Eligibility: What Can and Can’t Be Patented

Not every idea qualifies for patent protection. To be patentable, an invention must meet three key criteria:

1. Novelty: The invention must be new and not publicly disclosed before the filing date.

2. Non-obviousness: It must not be an obvious improvement of an existing product or process.

3. Utility: It must have a clear and specific use.

Some ideas are not patentable, including:

• Abstract ideas or mathematical formulas

• Natural phenomena

• Laws of nature

• Purely artistic creations (these fall under copyright law)

Determining eligibility often requires a patentability search and a review by a registered patent attorney. Kentucky inventors benefit from Lexington KY lawyers who understand both the federal USPTO system and regional economic factors that affect patent valuation.

The Patent Prosecution Process

Patent “prosecution” refers to the process of obtaining a patent from the USPTO. It typically involves the following steps:

1. Patent Search and Consultation

A thorough patent search identifies prior art—existing patents or publications similar to your invention. This step helps assess the likelihood of approval and refine the claims.

2. Drafting and Filing the Application

A patent application includes a detailed written description, drawings (if applicable), and claims defining the scope of protection. You may file:

• A provisional application, which establishes an early filing date and gives you 12 months to file a full non-provisional application.

• A non-provisional application, which begins the formal USPTO examination process.

3. Examination by the USPTO

The USPTO assigns an examiner who reviews the application for compliance and novelty. The examiner may issue an Office Action, requesting clarification or rejecting claims. Your Lexington KY lawyers can respond with legal arguments or amendments.

4. Patent Issuance

If approved, the USPTO issues a patent grant, and the inventor receives enforceable rights for the duration of the patent.

5. Maintenance Fees

Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years to remain active.

This process can take 1–3 years or longer, depending on the technology and examiner workload. Having a knowledgeable patent attorney in Kentucky helps ensure accuracy, timeliness, and strategic claim drafting that enhances enforceability.

Strategic Filing Decisions: Local vs. National Context

While patents are federal rights, strategic decisions about filing and management often depend on business goals and market reach.

Kentucky-Based Filers

Startups and small businesses in Kentucky may initially pursue a provisional patent to secure a filing date while developing funding or final prototypes. Working with a local patent attorney ensures personalized service and an understanding of regional innovation sectors—such as manufacturing, healthcare technology, and agriculture.

National and International Protection

If your product will reach a national or global market, consider:

• Filing a U.S. non-provisional application first to establish a priority date.

• Filing under the Patent Cooperation Treaty (PCT) within 12 months to preserve international rights while deciding which countries to enter.

The right filing strategy balances cost, timing, and enforcement potential. A patent attorney can advise on whether to file directly in high-value markets or use the PCT process to defer expenses. Furthermore, working with a firm experienced in trademark and copyright protection ensures multiple levels of protection across all IP Assets. 

Enforcement and Protection of Patent Rights

Once issued, a patent grants the holder the exclusive right to prevent others from making, using, selling, or importing the invention without permission. Enforcement occurs through civil litigation in federal court.

Common enforcement strategies include:

• Cease and desist letters

• Licensing agreements to monetize your rights

• Patent infringement lawsuits when negotiations fail

Patent owners must be proactive—monitoring competitors, enforcing rights when necessary, and maintaining documentation of infringement evidence.

Kentucky businesses often partner with experienced Lexington KY lawyers who understand both the technical and litigation aspects of patent enforcement, including how to balance cost-effective resolution with strong protection.

International Patenting Considerations

Patent rights are territorial—a U.S. patent only protects your invention within the United States. To protect your invention abroad, you must file in each country or use international frameworks such as:

• The Patent Cooperation Treaty (PCT), which allows a single international application to reserve rights in over 150 countries.

• Regional offices, such as the European Patent Office (EPO), for multi-country coverage.

Global protection is especially important for inventors in export-heavy industries, like agriculture or manufacturing, common across Kentucky. Filing internationally prevents overseas competitors from copying or manufacturing your product in jurisdictions without protection.

Common Pitfalls in the Patent Process

Avoiding mistakes can save time, money, and future disputes. Common pitfalls include:

1. Public Disclosure Before Filing — Publishing, selling, or disclosing your invention publicly before filing may forfeit your patent rights.

2. Incomplete or Vague Claims — Poorly drafted claims may limit enforceability.

3. Neglecting to File Maintenance Fees — Failure to pay required fees can result in patent expiration.

4. DIY Filings — Filing without legal guidance may result in rejected claims or narrow protection.

5. Ignoring International Opportunities — Waiting too long to consider global markets can limit options later.

   
   

Partnering with a Patent Attorney

Working with a registered patent attorney ensures your application is legally sound and strategically designed to maximize protection.

At Embry Merritt Womack & Nance, PLLC, our seasoned Lexington KY lawyers offer patent services which include:

• Patent searches and opinions

• Application drafting and prosecution

• Infringement analysis

• Licensing and enforcement

• International coordination through the PCT

Whether you are a startup founder, manufacturer, or researcher, our team can guide you through every stage of protection and enforcement. 

Contact us today at (859) 543-0453 to discuss how our Lexington KY lawyers and patent attorneys can help protect your intellectual property.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Reading this post or contacting Embry Merritt Womack & Nance, PLLC through this website does not create an attorney–client relationship. You should consult directly with an attorney regarding your specific situation before taking or refraining from any action based on this information.