Patents
Patents by definition give the inventor the right to legally exclude others from making, using or selling the invention claimed in the patent deed for up to 20 years. With a properly filed and granted patent the inventor can notify and successfully litigate those that infringe on the invention.
Benefits to have a patent
Holding a patent gives the inventor grants a monopoly of the invention to its inventor. In that case the inventor is free to form licensing agreements with companies to authorize the manufacture or use of the invention for paying royalties for each invention sold or to even sell their patent outright. In all cases the decision about what to do with the invention is up to the inventor ensuring they are financially compensated for their innovation.
Types of patents
In U.S. law there exist 4 types of patents.
Utility Patents cover inventions that have a unique way of functioning and provide a useful result. These can be microprocessors, manufacturing processes, mechanical gadgets, software and many other devices that are man-made. Utility patents consist of writing detailed description of how the invention is made, along with the claims which define the invention, and drawings.
Design Patents cover invention that deal with the ornamental or visible shape of the object. For example, a unique shape of a mobile phone screen can be patented with a design patent. The uniqueness of the shape must be purely ornamental and a part of the article or device. However, if that design serves some functional person that it is best to file for a utility patent. When distinguishing between a utility and design patent it is important to determine whether removing the novel features will impair the function of the device substantially.
Plant Patents are issued for novel invented or discovered asexually reproducing plants. These can range from mutants, hybrids or newly found seedlings. These patents are not subject to payment of maintenance fees.
Provisional Patents have come into effect since 1995. These patents allow for filing without formal patent claims. The submission of the provisional patent allows for inventors to display the “patent pending” status on their invention. There are many benefits to filing a provisional patent prior to filing a full patent application. It allows for establishing an early effective date for a later filed full patent application. Therefore an invention is protected from the filing of the provisional patent and someone cannot file any kind of patent that infringes on your invention from that date onwards. Provisional patents are also less time consuming since they do not require the claims that define your invention to be disclosed. A description of your invention along with a few clear illustrations depicting the invention can often be enough. Filing a provisional patent is also much less expensive than a full patent. Attorney and governmental fees are significantly less for provisional patents. However, a provisional patent automatically expires after 12 months and is important to file for a full patent prior to the expiration of those 12 months to continue enjoying the patent rights to your invention. Not applying for a full patent after the 12 months expires the application is considered abandoned and the inventors does not have the exclusive patent right to their invention.
 | Provisional Patent Application | Utility Patent Application | Design Patent Application | Trademark Application |
|---|---|---|---|---|
Recommended For | An invention with a function (such as a machine, manufactured item, process, or chemical composition) | An invention with a function (such as a machine, manufactured item, process, or chemical composition) | An ornamental design for a manufactured item that doesn’t affect its function (such as a watch face plate) | A name, logo or symbol used to identify commercial goods or services |
How long can the benefit/protection last? | 1 Year | 20 Years | 14 Years | Unlimited, as long as the owner renews every 10 years and continues to use the trademark |
Where is this protection valid and enforceable? | Whitin the U.S. | Whitin the U.S. | Whitin the U.S. | Whitin the U.S. |
Are maintenance fees required? | NO | YES | NO | YES |
Can I renew ? | NO | NO | NO | Yes. Trademark protection is renewable every 10 years |
Utility Patent Application
A Utility Patent Application :
- Prior art search in USPTO, CIPO, …
- Finding some relative patents or applications
- Comparing them with present invention
- Prepare an acceptable drawing
- Prepare specification
- Prepare from up to 20 claims (3 independent claims)
- Prepare documents for submitting an application
- Submit an application
Provisional Patent Application
A Provisional Patent Application :
- A legal document filed in the United States Patent and Trademark Office (USPTO)
- Establishes an early filing date
- But which does not mature into an issued patent
- Unless the applicant files a regular non-provisional patent application within one year
Design Patent Application
Design patent prevent others from selling, using, and manufacturing the invention for 14 years.
We provide :
- A free and confidential initial consultation
- A Design Patent Search: We perform a search of existing design patents
- Drawings: We provide technical illustration of the invention with the standards required by the US and Canadian Patent offices
- Filing and Submission: We prepare all the required material for filing the design patent application
Patent Search
Before going through the process of filing a patent, an inventor needs to know if there are any other patents or publication that are similar to the inventor’s invention.
Is your idea patentable?
Please keep in mind that under certain conditions patents cannot be filed. If someone has already come up with your invention and even though you have independently invented it you cannot file a patent. Additionally, if you or someone else has published, publicized, or attempted to sell your invention more than a year ago it also cannot be patented.
Who Can Apply
In order to file a U.S. provisional patent application you do not need to be a U.S. citizen nor live in the United States. Anyone from around the world can apply for a provisional patent. However, if you are using a lawyer or patent agent on your behalf they must be licensed to practice in the United States. The above also applies for non-provisional patents.