What type of patent should i file

Below is a summary of the benefits and detriments of utility patents: i. Benefits of Utility Patents Protects the functional aspects of an invention. Can provide broad patent protection making it difficult for a competing product to avoid patent infringement. Capable of protecting many different variations of a product with a single utility patent.

Detriments of Utility Patents More expensive than a design patent. Takes longer to receive patent protection normally years. Does not protect the ornamental features of an invention.

Design Patent Protection Protects Appearance Design patent applications are the least common type of patent application filed with the U.

Below is a summary of the benefits and detriments of design patents: i. Patent and Trademark Office USPTO , the federal agency charged with administering patent applications, that allows the patent owner to maintain a monopoly for a limited period of time typically 20 years on the use and development of an invention.

Once the government grants a patent, the owner may enforce it by bringing a patent infringement action lawsuit against anyone who makes, uses, or sells the invention without the patent owner's permission. While patent law is complex, you can quickly grasp the basics of the three primary types of patents about which inventors should be aware:.

The most common of these types is certainly the utility patent, which covers inventions that function in a unique manner to produce a useful result. When people refer to a "patent," they are usually referring to a utility patent. However, it is helpful to understand the differences among the three. Learn more about Applying for a Patent. If you have a new, useful invention that is not obvious to others in the field of invention, you might qualify for a utility patent.

Utility patents are grouped into five categories: a process, a machine, a manufacture, a composition of matter, or an improvement of an existing idea. Often, an invention will fall into more than one of these categories.

For instance, computer software can usually be described both as a "process" such as the steps it takes to make the computer do something and a "machine" a device that takes information from an input device and moves it to an output device. Regardless of the number of categories in which an invention falls, only one utility patent may be issued on it. Among the many types of creative works that might qualify for a utility patent are biological inventions; new chemical formulas, processes, or procedures; computer hardware and peripherals; computer software; cosmetics; electrical inventions; electronic circuits; food inventions; housewares; and industrial machines.

If you acquire a utility patent, you can stop others from making, using, selling and importing the invention. This prohibition is valuable, as it allows you to develop an exclusive market to sell your invention.

Inventors often call the USPTO for updates, but they have a designated attorney or agent representing them. Consider an Interview with your examiner - The USPTO encourages examiners to take a proactive approach to examination by reaching out and engaging our stakeholders in an effort to resolve issues and shorten prosecution.

If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance.

Utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office. A patent number and issue date will be assigned to an application and an Issue Notification will be mailed after the issue fee has been paid and processed by the USPTO. The patent grant is mailed on the issue date of the patent. It includes any references to prior patents, the inventor s ' names, specification, and claims to name a few.

It is bound in an attractive cover and includes a gold seal and red ribbon on the cover. Order certified documents - Order certified documents with the USPTO ribbon and seal as well as the signature of an authorized certifying officer.

Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents. If the maintenance fee and any applicable surcharge are not paid in a timely manner, the patent will expire. For other assistance, please see our contact us page. Step 1 Anchor Step 1 Contact Patents.

Patent Pro Bono Program for independent inventors and small businesses. The Program provides free legal assistance to under-resourced inventors interested in securing patent protection for their inventions. What are patents, trademarks, servicemarks, and copyrights? Inventor resources Online services. Step 2 Inventors Assistance Center.

The Inventors Assistance Center provides patent information and services to the public. Patent and Trademark Resource Centers. A nationwide network of public, state, and academic libraries.

Public Search Facility. Located in Alexandria, VA provides the public access to patent and trademark information in a variety of formats. Trained staff are available to assist public users. Law School Clinic Certification Program. Free legal help provided by law students, who gain experience drafting and filing patents and trademark applications for clients of the law school clinic. What can and cannot be patented? How do I know if my invention is patentable? How long does patent protection last?

How much does it cost to get a patent? Inventing is hard but knowing when to file your patent can be even harder. These 3 questions will help you decide when you are ready to file and when to go back to the drawing board. Your great invention is not enough to get a patent. You need to conduct a patent search to find out if your invention is really new.

The Internet gives inventors access to better search tools than ever. Use these tips to get the most out of your searches.. How do you know when your idea is just an idea, as opposed to an idea that you could patent and put to profitable use? Protect your intellectual property by applying for a patent at the right time and with the right details about your unique app.

If you're a patent owner who's ready to create a patent license agreement, here's what you need to know before you get started—both about the different types of patent license agreements and how to draft them.

Under U. Understanding how the law differentiates ideas from inventions is a great way to learn some of the core tenants of patent law. If you need a patent fast, there are a few options. Find out more about how to get your patent quickly, what makes a good application for a patent, and more. Intellectual Property Basics. There are different ways to protect original ideas. The method you choose depends on the kind of idea you have. What Are the Different Types of Patents?

There are four different patent types: Utility patent. This is what most people think of when they think about a patent. It's a long, technical document that teaches the public how to use a new machine, process, or system. The kinds of inventions protected by utility patents are defined by Congress. New technologies like genetic engineering and internet-delivered software are challenging the boundaries of what kinds of inventions can receive utility patent protection.