An intellectual property law firm serving individuals and businesses

Patents

Overview

Patents are an applied-for property right given by the US government. Multiple options are available to you when applying for a patent. Each option has its unique attributes and advantages.

The three main options are:

(a) Provisional Patent Application
(b) Nonprovisional Application (Utility Patent Application)
(c) Design Patent Application

Patent Basics

Description of a Patent:

A patent is a property right given by the US government which lasts 20 years from the date the invention was filed with the United States Patent and Trademark Office (USPTO). [1]
The property right is a right to exclude others from using the invention or importing the invention into the United States.[2]
The patent owner needs to enforce their right to a patented invention because the US government will not enforce the property right for the patent owner.[3]
The US patent property right is exclusive to the territory of the United States.[4]

Application Types

Types of Patent Applications:

Provisional Patent Application
Nonprovisional Patent Application (also called a Utility Patent Application)
Design Patent Application

Provisional Patent Application:

A provisional application defines the invention in the form of a written description and drawings. [5]
A provisional application will give the applicant a filing date for the invention as defined in the information submitted.[6]
The applicant has up to 12 months from the filing date of the provisional application to file a nonprovisional application to gain the benefits of filing a provisional application.[7]
Filing a provisional patent can be a good option for an inventor because it gives a filing date—blocking others from obtaining patent rights on the same invention if filed after the filing date gained from the provisional application—while also allowing the inventor up to 12 months time to submit a full patent application. This extra time can be used to test the market before spending more money to submit a full patent application in the form of a nonprovisional patent application (also known as a utility patent application).[8]
Filing a provisional patent application allows the applicant to use the term “Patent Pending” in connection with the invention.[9]
“Beware that an applicant who publicly discloses his or her invention (e.g., publishes, uses, sells, or otherwise makes available to the public) during the 12 month provisional application pendency period may lose more than the benefit of the provisional application filing date if the 12 month provisional application pendency period expires before a corresponding nonprovisional application is filed. Such an applicant may also lose the right to ever patent the invention. See 35 U.S.C. §§102(a)(1) and (b)(1).”[10]

Nonprovisional Patent Application (also called a Utility Patent Application):

A nonprovisional patent application (also known as a utility patent application) is a full patent application. The nonprovisional patent application will have a written description and drawings of the invention—along with claims for the invention.[11]
The claims of the invention are the crucial part of the issued patent. The claims define the “scope of the protection of the patent.”[12]

Design Patent Application:

A design patent application is an application for protection of a design.[13]
A design is visual ornamental characteristics of a physical object or visual ornamental characteristics applied to a physical object.[14]
“A design patent protects only the appearance of the article and not structural or utilitarian features.”[15]
An example of a design would be the overall shape and characteristics of the front of a window air conditioner unit.

References

[1] https://www.uspto.gov/patents-getting-started/general-information-concerning-patents

[2] - [4] Id. [5] https://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/provisional-application-patent

[6] - [10] Id.

[11] https://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/nonprovisional-utility-patent

[12] Id.

[13] https://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/design-patent-application-guide

[14] - [15] Id.

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