UNDERSTAND THE DIFFERENT TYPES OF PATENTS & APPLICATIONS

3 TYPES OF PATENTS

The United States Patent and Trademark Office (USPTO) issues three different types of patents: utility patents, design patents, and plant patents

Design patent

  • A Design Patent protects the individual visual qualities of a manufactured invention
  • The USPTO defines the ‘design’ of an invention to be the visual characteristics or aspects displayed by the object
    • Examples of Design Patents: original curvy Coca-Cola bottle, Statue of Liberty, fonts, packaging, the ornamental designs of jewelry, furniture, or containers, etc

KEY TAKEAWAY:  Design Patents protect how an invention looks.

plant patent

  • A Plant Patent protects inventors who have discovered or created a new variety of plant
  • Very uncommon unless you’re in that industry

KEY TAKEAWAY:  You probably aren’t filing a plant patent.

UTILITY patent

  • A Utility Patent protects five major categories:
    • Process
    • Machine
    • Manufacture
    • Composition of Matter
    • Improvement of Existing Invention
  • An invention may fall into one or more of these categories
  • Utility Patents covers the way an invention is used and how it works
  • Lasts for 20 years from the date the patent application is filed
  • 90% of patent applications are for Utility Patents, making it the most common type
  • Referred to as the, “patent for inventions”
  • Examples of Utility Patents: machines, engines, computers, equipment, mops, software, makeup, pharmaceuticals
    • Real Life Examples: John Deer Lawn Mower, Swiffer Sweeper, Adobe Creative Cloud Software, Cover Girl Makeup, Apple Automated Pairing Process, etc.

KEY TAKEAWAY:  Utility Patents protect how an invention is used and it works.

2 TYPES OF Applications

Once you decide what type of patent you need, the next step is the application process. If you’re applying for a Utility Patent (or Plant Patent), there are 2 applications you should be aware of:

provisional

  • A Provisional Patent Application can be used by an inventor to secure a filing date while avoiding the costs associated with a Non-Provisional Patent Application
  • Allows you to file without a formal patent claim, oath, or declaration, or any information disclosure (prior art) statement
  • Informal, loose format, never actually reviewed
  • Lasts 12-months from the date it was filed
  • Gives you the ability to label your invention as ‘patent pending’ during the initial 12-month period
  • You must convert this to a Non-Provisional Patent Application within that 12-month period
    • If you don’t convert into a Non-Provisional Application within 12-months, you will lose your filing date 
    • There’s no extension to the 12-month period
    • If you lose your filing date but still wish to seek protection, you must submit a new application and receive a new filing date

KEY TAKEAWAY: Provisional Patent Applications give you a filing date, patent pending status, and 12-months of protection. However, you must convert this into a Non-Provisional Application within the 12-months.

 

non-provisional

  • A Non-Provisional Patent Application is the full, bore out patent application reviewed by the United States Patent and Trademark Office
  • Upon filing, your application will enter the queue for examination
  •  Grants you the ability to label your invention as ‘patent pending’ while your application is being reviewed
  • You will receive ‘Office Actions’ from the USPTO that will accept/reject claims in your application
  • Don’t worry if a claim gets rejected (this happens to almost everyone), your patent attorney will have a chance to respond
  • Must include an invention disclosure with all specifications, testing, technical drawings, documentations, and claims
  • Longer and more expensive process, but there is no way around it if you want a patent
  • Consider this as an investment for your invention/product/business

KEY TAKEAWAY:  Non-Provisional Patent Applications are very lengthy and detailed, but must be completed in order for the United States Patent and Trademark Office (USPTO) to grant a patent for your invention.

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