A patent application can be either a utility patent application (i.e., provisional or nonprovisional patent application) or a design patent application. A utility patent application includes a written description and drawing of how to make and use an invention (i.e., enablement requirement). A design patent application is made of a set of drawings showing the aesthetic … [Read more...]
What is a nonprovisional patent application?
A nonprovisional patent application establishes patent pendency for your invention. Also, it establishes a priority date for your invention. The nonprovisional patent application will be examined on a first-come, first-served basis. The USPTO typically takes about 14 months to 2 years to examine the patent application. What documents make up a nonprovisional patent … [Read more...]
What is a provisional patent application?
A provisional patent application establishes a priority date for the invention described and shown in the specification and drawings. The invention is patent pending and your product can be labeled as patent pending. You can have the confidence in knowing that anyone that files a patent application after you cannot steal your invention away from you. You must file a … [Read more...]
What is a design patent?
A design patent protects the visual appearance of a product or the way that a product looks – not its function. On average, the patent office will grant the design patent in about 20.7 months as of June 23, 2022. The probability of obtaining a design patent is 83.8 %. The design patent is enforceable for 15 years from the grant date.https://youtu.be/miu_ooLCzhg What … [Read more...]
Differences between a provisional and nonprovisional patent application
The primary difference between a provisional application and a nonprovisional application is that the provisional patent application is never examined whereas the nonprovisional patent application will eventually be examined. As such, the primary reason that one might want to file a provisional patent application instead of a nonprovisional patent application is to delay … [Read more...]
Provisional Patent Application: Cheap Alternative?
A provisional utility patent application is one of the most misunderstood tools of the patent system—at least by non-patent practitioners. From the layperson’s perspective, the provisional patent application is usually viewed as a cheap patent application. However, as discussed below, the provisional patent application is not cheap compared to the cost to prepare a … [Read more...]
Preparing Drawings for a Utility Patent Application
The drawing set for a utility patent application is one of the most important parts of the patent application. The drawings are a quick, easy way for a reader to establish some understanding of what to expect if they were to spend time reading the utility patent or application. Patent rules also require the drawings show what is being claimed as the invention. Moreover, … [Read more...]
Limits on trade dress protection when also securing a utility patent
Types of intellectual property rights Four main types of intellectual property rights are used to protect products: patents, trademarks, trade secrets and copyrights. The product may be protected by one or more of these types of intellectual property rights. For example, a design patent may be sought for the ornamental look of the product. Simultaneously, a utility patent may … [Read more...]