Protecting your invention is crucial if you want to safeguard your intellectual property rights. One of the best ways to do this is by filing for a patent. A patent gives you exclusive rights to produce, use or sell an invention for a set period. However, there are different types of patents available depending on what kind of invention you have created. Here’s how to protect your invention with intellectual property using patents, trademarks, and more.
Patents
If you have invented something new and useful, then you can file for a utility patent application. This type of patent covers machines, processes, manufactures, compositions of matter, and improvements on any of these things. To apply for a utility patent, you will need to fill out Form 1502 at the United States Patent and Trademark Office (USPTO) website. You should also include detailed drawings and descriptions of your invention along with your application. The cost of applying for a utility patent varies depending on whether it’s a small entity or large entity fee structure. Small entities pay $740 while large entities pay $1,680.
What Is a Provisional Application?
A provisional application allows you to establish an early priority date for your invention without having to complete all the requirements needed for a full utility patent application. It provides temporary protection for your invention while you continue working on developing it further. Filing a provisional application costs less than a regular utility patent application but doesn’t provide as much legal protection. If you decide not to pursue a utility patent within one year after filing a provisional application, then your provisional application expires automatically.
How to File Provisional Applications
To file a provisional application, you must submit Form 3259 at the USPTO website. Along with your form, you should include a description of your invention that includes enough detail so someone skilled in the field could make and use it. You don’t need to include claims or drawings with your provisional application. The cost of filing a provisional application is $260 regardless of whether you’re a small or large entity.
Design Patent Applications
If you have designed a unique product such as furniture, clothing, or jewelry, then you may be able to obtain a design patent. Design patents cover the visual appearance of products rather than their functionality. To apply for a design patent, you will need to fill out Form 1530 at the USPTO website. You should also include detailed drawings of your design showing its shape, configuration, and ornamentation. The cost of applying for a design patent ranges from $220 to $1,010 depending on whether you’re a small or large entity.
Trademarks
If you have developed a brand name or logo associated with your business, then you can register a trademark to protect it. Registering a trademark prevents others from using similar names or logos that might confuse customers about the source of your goods or services. To apply for a trademark registration, you will need to fill out Form TM-1 at the USPTO website. You should also include a clear representation of your mark and describe the goods or services you plan to offer under the mark. The cost of applying for a trademark registration ranges from $225 to $1,010 depending on whether you’re a small or large entity.
Conclusion
Protecting your invention through intellectual property law requires careful planning and attention to detail. By understanding the various types of patents and trademarks available, you can choose the right option for your specific needs. Remember to carefully follow the instructions provided by the USPTO when filling out your applications to ensure they meet all necessary requirements.
