Regardless of the number of categories in which an invention falls, only one utility patent may be issued on it. Among the many types of creative works that might qualify for a utility patent are biological inventions; new chemical formulas, processes, or procedures; computer hardware and peripherals; computer software; cosmetics; electrical inventions; electronic circuits; food inventions; housewares; and industrial machines.
If you acquire a utility patent, you can stop others from making, using, selling and importing the invention. This prohibition is valuable, as it allows you to develop an exclusive market to sell your invention. A utility patent lasts for 20 years from the date that the patent application is filed. Learn more about Utility Patents. If you create a new and original design that ornaments a manufactured device, you may qualify for a design patent.
Design patents, which are somewhat less common than utility patents, are outlined by 35 U. You can even get a design patent for a computer screen icon.
There are strings attached to a design patent, however. The design must be ornamental or aesthetic; it cannot be functional. Once you acquire a design patent, you can stop others from making, using, selling and importing the design. You can enforce your design patent for only 14 years after it is issued. The least frequently issued type of patent are plant patents—granted for any novel, nonobvious, asexually reproducible plant. Plant patents are outlined by 35 U. Unless you are a research scientist or agricultural expert, it is somewhat unlikely that you will apply for a plant patent.
What sort of innovation might be covered by a plant patent? Imagine a new method for facilitating asexual reproduction in plants, which is the propagation of a plant to multiply the plant without the use of genetic seeds to assure an exact genetic copy of the plant being reproduced.
Any known method of asexual reproduction that renders a true genetic copy of the plant may be employed. This may include cultivating different types of plants to create mutants or hybrids and also newly found seedlings. These 3 questions will help you decide when you are ready to file and when to go back to the drawing board.
Your great invention is not enough to get a patent. You need to conduct a patent search to find out if your invention is really new. The Internet gives inventors access to better search tools than ever. Use these tips to get the most out of your searches..
How do you know when your idea is just an idea, as opposed to an idea that you could patent and put to profitable use? Protect your intellectual property by applying for a patent at the right time and with the right details about your unique app. Under U. Understanding how the law differentiates ideas from inventions is a great way to learn some of the core tenants of patent law.
Intellectual Property Basics. There are different ways to protect original ideas. The method you choose depends on the kind of idea you have. If you're a patent owner who's ready to create a patent license agreement, here's what you need to know before you get started—both about the different types of patent license agreements and how to draft them. If you need a patent fast, there are a few options.
Find out more about how to get your patent quickly, what makes a good application for a patent, and more. What Are the Different Types of Patents? There are four different patent types: Utility patent. This is what most people think of when they think about a patent. It's a long, technical document that teaches the public how to use a new machine, process, or system.
The kinds of inventions protected by utility patents are defined by Congress. New technologies like genetic engineering and internet-delivered software are challenging the boundaries of what kinds of inventions can receive utility patent protection.
Provisional patent. United States law allows inventors to file a less formal document that proves the inventor was in possession of the invention and had adequately figured out how to make the invention work. Once that is on file, the invention is patent pending. If, however, the inventor fails to file a formal utility patent within a year from filing the provisional patent, he or she will lose this filing date.
Design patent. This patent offer protection for an ornamental design on a useful item. The shape of a bottle or the design of a shoe, for example, can be protected by a design patent.
The document itself is almost entirely made of pictures or drawings of the design on the useful item. Design patents are notoriously difficult to search simply because there are very few words used in a design patent. John invented a new type of phone case that charges your phone with solar energy.
The case charges your phone when the back of the case is flipped open to expose mini solar panels. In this scenario, John would likely apply for a utility patent for his invention of the phone case that charges a phone with solar energy.
John might also simultaneously apply for a design patent for how the case is designed to flip open to expose mini solar panels. In order for an invention to be patentable it must be new and not obvious meaning someone in the same field would be surprised by such an invention.
After you file the application, it may take a number of years before it is approved see below for other options in the meantime. A patent examiner will be assigned to your case and you will need to respond to any questions and objections raised. If your case is found allowable, then your patent will issue as soon as you pay a fee.
Patents generally last for the duration of 20 years. In addition, you can have your employees agree to certain contract clauses, such as a non-disclosure agreement NDA and a non-compete agreement. An NDA is essentially a confidentiality agreement outlining the scope of confidential information and barring disclosure of such.
A non-compete agreement would bar your employees from entering into or starting a similar profession or trade in competition with you. He has written extensively about small business loans, entrepreneurship, and marketing.
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