Patents are designed to protect inventions and new discoveries. A caveat to these inventions and discoveries is that they must be new, useful, and “non-obvious.” These may seem like relatively vague terms, but they do have specific meetings when it comes to federal patent protection law. There are three main types of patents that are available under federal law in the United States. Here, we want to give a brief explanation of each while also discussing how a person can go about obtaining a patent.
The filing date is crucial as it determines the priority of the application and the duration of the protection granted, impacting the validity and rights associated with both provisional and non-provisional patents.
Understanding Patent Options
Understanding the different types of patents is crucial for inventors, entrepreneurs, and businesses. Patents provide critical legal protections and financial incentives for inventors and companies. A patent grants the holder exclusive rights to commercially control, make, use, or sell a novel, useful invention for a 20-year period. Patents shield inventions from being copied or implemented by competitors without authorization or compensation.
There are several types of patents, including utility patents, design patents, plant patents, and provisional patents. Each type of patent has its own application process and requirements. Utility patents protect new and useful processes, machines, and systems. Design patents protect the ornamental design of a useful item. Plant patents protect new and distinct plant varieties. Provisional patents provide temporary protection for an invention while the inventor decides whether to file a utility patent.
Utility patents
Utility patents are the most common type of patent sought by those in the United States. This type of patent covers processes, machines, compositions of matter, and manufacturers that are new and useful. Utility patents can also be obtained for new and useful improvements to existing processes, machines, manufacturers, and compositions of matter. A utility patent lasts for 20 years. A utility patent application must include a specification, claims, and any necessary drawings and adhere to specific document standards and fees.
- Processes refer to methods of doing something
- Compositions of matter are generally chemical compounds
- Machines are items that we typically think of as being machines (tractors, water pumps, computers)
- Manufacturers are any goods that are made or manufactured
Filing a provisional patent application allows the inventor to claim ‘patent pending’ status, providing proof of early possession and giving up to a year to finalize the utility patent application.
Design patents
The definition of design, for the purpose of obtaining a design patent, involves the surface ornamentation of an object. This can include the shape of an object or the configuration of an object. In order to obtain design patent protection, the design must be inseparable from the object itself. However, even though the object and the design may be inseparable, the design patent only protects the appearance of the object. If a person wishes to protect the object’s functionality or structural features, they will have to seek a utility patent as well. A design patent lasts for 14 years.
Plant patents
Plant patents are obtained by anybody who creates a new or distinctive plant. In order to obtain a plant patent, some of the requirements that apply include:
- The plant is not found in an uncultivated state
- The plant is not a tuber-propagating plant
- The plant can be asexually reproduced
Asexual reproduction is required because this acts as proof that the patent applicant is able to reproduce the plant. A plant patent lasts for 20 years.
Patent Application Types
There are four main types of patent applications: utility patents, design patents, plant patents, and provisional patents. Each type of patent application is designed to protect a specific type of invention. Utility patents protect new and useful processes, machines, and systems. Design patents protect the ornamental design of a useful item. Plant patents protect new and distinct plant varieties. Provisional patents provide temporary protection for an invention while the inventor decides whether to file a utility patent.
A utility patent is a long, technical document that teaches the public how to use a new machine, process, or system. Utility patents protect new and useful processes, machines, and systems. The types of inventions protected by utility patents are defined by Congress. New technologies, such as genetic engineering and internet-delivered software, are challenging the boundaries of what kinds of inventions can receive utility patent protection.
A design patent protects the ornamental design of a useful item. Design patents are notoriously difficult to search due to the limited use of words in the document. Software companies have used design patents to protect elements of user interfaces and the shape of touchscreen devices. Design patents are often used to protect the aesthetic appeal of a product.
A plant patent protects new and distinct plant varieties produced by cuttings or other nonsexual means. Plant patents generally do not cover genetically modified organisms. Plant patents focus on conventional horticulture and protect new plant varieties that are distinct from existing ones.
How to Obtain a Patent in the United States?
Any person who believes they need patent protection for their invention, design, or plant will need to file an application with the United States Patent and Trademark Office (USPTO). When you go to the USPTO website, you will see that there is both a provisional and a non-provisional patent application available to any person seeking a patent.
- A provisional patent application can be filed to give the applicant additional time to figure out the specifics for their discovery or invention while also protecting the discovery or invention from being patented by somebody else in the meantime. When a person obtains a provisional patent application, they have one year from the date of filing the application to submit their application for a non-provisional patent.
- A non-provisional patent application officially starts the examination process for the USPTO to determine whether or not the discovery or invention is eligible for patent protection. The information contained inside of a patent application will depend on what type of patent is being sought. In general, non-provisional patent applications will include a description and claim of the invention or discovery as well as drawings, an oath or declaration about the patent, and the application fees.
Additionally, individuals have the option to file an international patent application to secure their invention on a broader scale beyond domestic limits.
We strongly suggest that any person who is seeking a patent work with an Orange County intellectual property attorney who has experience handling this area of law. Patent applications can become very technical, and it is often difficult for a person seeking patent protection to understand exactly what they need to do to ensure their discovery or design is completely protected.
Working with a Patent Attorney
While inventors can file a patent application on their own, the process can be complex and time-consuming. A patent attorney can provide valuable assistance. They understand the intricacies of patent law and can help draft a robust application. Patent attorneys can also help with the patent search process, ensuring that the invention is novel and non-obvious.
When working with a patent attorney, it’s essential to find someone who is experienced in patent law and has a deep understanding of the invention. The attorney should be able to communicate complex concepts in a clear and concise manner. It’s also crucial to establish a clear understanding of the scope of work, timeline, and fees.
Maintaining and Enforcing Patents
Once a patent is granted, it’s crucial to maintain it by paying regular maintenance fees. If someone infringes on your patent, you have the right to enforce it through legal action. Enforcement can be costly and requires a solid understanding of patent law.
To maintain a patent, the patent holder must pay maintenance fees at regular intervals. The fees are due at 3.5, 7.5, and 11.5 years after the patent is granted. Failure to pay the fees can result in the patent lapsing.
Enforcing a patent requires a thorough understanding of patent law and the ability to navigate the legal system. Patent holders can work with a patent attorney to enforce their patent rights. The attorney can help with the process of sending cease and desist letters, filing lawsuits, and negotiating settlements.
Safeguard Your Inventions with Callahan & Blaine
Securing a patent is essential to protecting the unique aspects of your invention, whether it’s a new machine, a plant variety, or a product design. At Callahan & Blaine, we understand the complexities of the patent process and bring over four decades of experience to help you navigate the application stages, from filing to enforcement. Our expertise in intellectual property litigation and commitment to detail means we are prepared to handle even the most challenging patent matters, defending your rights at every stage.
With our extensive legal resources and a proven record of securing high-value outcomes, we’re equipped to help you take full advantage of the protections a patent offers. Let us assist you in safeguarding your intellectual property. Reach out to Callahan & Blaine at (714) 241-4444 or use our contact form to take the next step.
