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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Patent Application Types

Provisional Patent Applications

Used to gain a priority date
A nonprovisional patent application is required after a provisional patent application - in order to gain utility patent rights
Gives the applicant 12 months of time to test the market before submitting a nonprovisional patent application
Includes a full description of the invention
Cheaper than a nonprovisional patent application because claims do not need to be included

Nonprovisional (Utility) Patent Applications

Application for a utility patent - which will claim the functionality or usefulness of an invention

Design Patent Applications

Application for a design patent - which will claim the appearance of a physical object or the decorative ornamentation on the surface of an object

Patent Maintenance

If proper maintenance fees are not submitted at the correct time, utility patent rights will be lost.

For utility patents, a maintenance fee is required during the following time windows:

3 to 3.5 years after the issue date
7 to 7.5 years after the issue date
11 to 11.5 years after the issue date

A maintenance fee can be submitted late within a grace period – with an additional surcharge fee – in the following time windows:

3.5 to 4 years after the issue date
7.5 to 8 years after the issue date
11.5 to 12 years after the issue date

Design patents and plant patents do not require maintenance fees.

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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Patent Basics

Overview

Patent Application Types

Types of Patents

Patent Maintenance

Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Patent Basics

Overview

Patent Application Types

Types of Patents

Patent Maintenance

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