Patents

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

Securing a Provisional Patent

Working with a provisional patent lawyer 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.”

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; instead, it 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, or importing a design substantially similar to the design claimed in the patent.

Design patents are granted for a 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 due to its complexity.

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 turn to the top notch patent attorneys at Lloyd & Mousilli for their patent needs.