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USTPO Patent Registration for Your Inventions

Types of patents

There are three different types of patent applications that can be filed.

Please select from the three options to learn more.

USTPO Patent Registration for Your Inventions

Securing a Provisional Patent

Working with provisional patent lawyers will provide you with an expedient way to establish a priority date for an invention with the United States Patent and Trademark Office (USPTO).

Doing so is an effective and relatively cost-friendly way to safeguard your place in line with the USPTO while you decide whether to file a regular patent application.

A provisional patent application by itself is not a patent, but simply a holding place. To receive the benefit of the earlier provisional patent application date, a regular patent application must be filed within one year.

Importantly, the 12-month period cannot be extended. Filing a provisional patent application also allows you to immediately start labeling your invention as “patent pending.”

It’s possible, but risky. Patent law is one of the most complex areas of law in the U.S; it can take a regular person weeks, even months, to learn the ins and outs. If you have that type of free time and dedication then you can certainly try to apply on your own. Even so, there’s still a chance of making a small mistake that can have a drastic impact by delaying your priority date and spending even more money on a patent attorney to clean up your mess. With patent law, it’s just not worth trying to do it on your own.

Acquiring a Design Patent

A design patent lawyer will help you protect the unique shape, look, and form of a product.

The design patent does not focus on usefulness and instead focuses on the ornamental design of the invention. If the product has no unique or distinctive shape or appearance at the time it was created then it cannot obtain a design patent. A design patent allows the owner to exclude others from making, using, copying, importing a design substantially similar to the design claimed in the design patent.

Design patents are granted for the term of 15 years from the date of issuance (14 years if issued before 12/19/2013) and are not subject to maintenance fees.

Like all patents, a design patent application should be filed with the assistance and guidance of a patent attorney because of its complexity.

A design patent is a great option for those with unique, ornamental designs for manufactured products. If your design is different enough that it is eligible for protection, you can receive a design patent on it. Common industries include apparel, furnishings, food and drink containers, and electronics.

You should consider applying for a design patent if your item has an ornamentally different design that qualifies for patent protection.

What is a Utility Patent?

A utility patent protects the creation of a new or improved product, process or machine and is by far the most common filed patent application with the United States Patent and Trademark Office (USPTO).

To obtain a utility patent, the invention must be useful and serve some practical or functional purpose. While utility patents are more expensive than design patents, which protects a product’s ornamental design, they typically provide broader patent protection.

A utility patent expires 20 years from the application filing date, subject to the payment of appropriate maintenance fees.

Filing for a utility patent application on your own is no easy task and carries too much of a risk for making a mistake. That’s why so many turns to the top notch patent attorneys on Lloyd & Mousilli for their patent needs.

Most utility patent applications include:

1) a description and claim of the invention (called a specification);
2) drawings and the explanation of them (if necessary);
3) a declaration or oath by the inventor;
4) fees for the filing, search, and examination of the patent.

All non-provisional utility patent applications have to be in English, or have an English translation with a statement that confirms that the translation is accurate, and a fee.

Got an invention you want to patent?

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