A utility patent is a type of patent that protects new and useful products and processes and their improvements. The patent owner can stop others from making, using, selling, and importing the patented invention into the United States. A utility patent will expire 20 years from the filing date of the nonprovisional patent application. To secure a utility patent, the inventor … [Read more...]
Types of Patents
The types of patents are utility patents and design patents. Utility patents protect functional features. Design patents protect aesthetic features. Utility patents are secured through the filing of a non-provisional patent application which enters the queue for examination or may initial be filed as a provisional patent application.
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What are the differences between utility patents and design patents?
The two main types of patents available in the United States are utility patents and design patents. They offer different protections, so it's important to understand their differences before you decide which one to apply for.A utility patent protects the specific function of an invention (e.g., a method or the machine). It does not protect any ornamental features of that … [Read more...]
Should you file a provisional application or design patent?
The process of applying for a patent is confusing because the Patent Office gives you four different options for filing a patent application. Among the various choices, the most common question is whether you should file a design patent application or a provisional patent application. So, should you file a provisional patent application or a design patent application? You … [Read more...]
Provisional patent application: a cheap option?
A provisional patent application (PPA) is not a cheap option but it is a lower-cost alternative to a nonprovisional patent application. The reason is that although the provisional patent application has lower minimum requirements than the nonprovisional patent application, the PPA has to disclose all of the details that the NPA must disclose. The provisional patent … [Read more...]
Best uses for design patents
Design patents protect ornamental features. The scope of protection is defined by what is shown in the drawings. In contrast, utility patents protect functional features. The scope of protection is defined by the claims. This distinction is simple to state but the ramifications are significant and sometimes confusing. Inventors will sometimes suggest that we protect a … [Read more...]
Design patents: pros and cons
Basic types of patents Three types of patents are issued by the United States Patent and Trademark Office. 1. Utility patent; 2. Design patent; and 3. Plant patent (not discussed here). Basic differences between utility and design patents Each of these types of patents cover different aspects of an invention. Utility patents protect functional features. Design … [Read more...]
Cheap provisional patent applications
Provisional patent applications are lower cost, but not cheap Provisional patent applications are frequently misunderstood, and in my opinion, misused. Oftentimes, provisional applications are thought to be the poor man’s patent or the cheap patent. However, the provisional patent application is merely a lower-cost option as best described by the United States Patent and … [Read more...]
Request for non-publication of a patent application
Non Publication Requests A nonpublication request is a request by the patent applicant to not publish a nonprovisional patent application. By default, every nonprovisional patent application is published 18 months after the filing date of the patent application. The nonpublication request prevents the publication. Benefit of publication The benefit of publication is … [Read more...]