A patent is an important tool to protect an invention, granting its owner the exclusive right to manufacture, use, and sell the invention. A patent is considered to be the strongest and most powerful type of intellectual property. To get a patent, the invention has to be novel or new, useful, and non-obvious. The requirement of non-obviousness is usually the hardest to overcome.
There are four main types of patents that are filed.The first three are most often filed.
1) a provisional patent,
2) a utility patent, and
3) a design patent,
4) a plant patent.
What is a patent?
A patent is a negative right. This means that the patent holder can prohibit others from using the invention in certain ways. However, a patent does not mean that the patent holder themselves always have the right to use their invention. So what is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so. If someone infringes on your patent, you may initiate legal action. U.S. patents are effective only within the U.S. and its territories and possessions.
Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing into the United States the invention claimed in the patent.
Patent rights are part of the Commerce clause.
Most common types of patents
Utility patent
Utility patents may be granted to anyone who invents or discovers a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvements of these.
Before filing a utility patent, you can file a provisional patent application. You can file any number of these applications. These serve as placeholders and are not examined by the Patent Office.
You receive a filing date when filing a provisional. However, you must, if you decide to, convert the provisional to a utility patent application within a year of the provisional filing date, or else you lose protection.
With respect to provisionals, you do not need a prototype. As long as you can describe your idea, it can be filed.
The best practice for any patent filing is to file as soon as you can. The filing date is very important. If you filed your invention on Day X and another party files the same idea the day after you, you will usually win in all disputes.
Design patent
Design patents legally protect what an invention or creative work looks like, its shape and configuration, and any specific ornamentation or coloration. Design patents protect the form of a product. An example is the signature curved glass Coca-Cola bottle.
Plant patent
A plant patent is an intellectual property right that protects a new and unique plant species’ key characteristics from being copied, sold or used by others. A plant patent can help an inventor secure higher profits during the patent protection period by preventing competitors from using the plant.
Duration of common patent types
Utility patents usually last for 20 years from the filing date. If you filed a provisional and then converted that to a utility patent application, your patent lasts an extra year (21 years instead of 20 years).
If a design patent was filed before May 13, 2015, the design patent lasts 14 years. If the design patent was filed on or after May 13, 2015, the design patent lasts 15 years.
A plant patent lasts for a term of 20 years from the date the patent is awarded, and this gives the inventor the right to prevent other people from reproducing the plant. This patent also gives the patent holder the right to prevent others from selling the plant.
Frequently Asked Questions
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How to get a patent in in the US?
You have to file a patent application. To streamline the process, you can file through a patent attorney. After about a year, a patent examiner will examine your patent application and may argue that your idea is not patentable. You have to submit written arguments to counter the examiner’s arguments. Then, if the examiner agrees with your arguments, the examiner will allow the patent application. If the examiner does not agree with your arguments, the examiner will submit new arguments. This process repeats until the patent application is allowed or you abandon the patent application.
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What are the different types of patents?
There are three main types of patents that are filed.
1) a utility patent
2) a design patent
3) a plant patent
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How much does it cost to get a patent?
There are different costs associated with every patent filing. Depending on the firm and whether they bill hourly (most firms do), the total cost to get a patent issued can range from $35K to $75K. Patent Profiler does not bill hourly, resulting in a more cost-friendly patent filing. However, because patents are vital to most companies, it is still a significant investment.
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What is a provisional patent?
Before filing a utility patent, you can file a provisional patent application. You can file any number of these applications. These serve as placeholders and are not examined by the Patent Office. You receive a filing date when filing a provisional and can convert the provisional to a utility patent application within a year of the filing date.
