Types of Patents
 What
is the difference between a utility patent and a design patent?
A UTILITY PATENT is granted to anyone who invents or discovers any
new and useful: a. Machine such as printing presses, internal combustion
engines and computers; b. Article of Manufacture such as tables, simple
tools lacking moving parts such as a screwdriver and articles of clothing;
c. Processes (Methods) such as manufacturing processes, software,
electrical processes, treating of chemicals, chemical processes etc;
d. Compositions such as chemicals, drugs, plastics, biological materials,
etc. This class has led to many difficulties regarding the scope of
protection to be accorded to the inventor. The United States Supreme
Court in Diamond v. Chakrabarty held that living things such as genetically
engineered bacteria can be patented; e. Improvements of known devices,
such as an improved telephone; f. New uses of old devices.
PROVISIONAL "UTILITY" PATENT: The provisional patent is useful in
obtaining "patent pending" status on ideas during development or test
marketing. However, a provisional patent is only good for 12 months.
The clock starts to tick after the filing date. Before the end of
the 12 months a non-provisional application must be filed to reserve
the filing date of the provisional patent. If a non-provisional patent
is not filed before the 12 months expire, the provisional patent cannot
be revived. Things to keep in mind about provisional patents:
- Provisional applications are not examined on their merits by
the USPTO.
- The benefits of the provisional application cannot be claimed
if the one-year deadline for filing a non-provisional application
has expired even if by one day.
- The description of the invention in the provisional application
must be as complete as possible. In order to obtain the benefit
of the filing date of a provisional application the claimed subject
matter in the later filed non-provisional application must have
support in the provisional application. Thus, all relevant material
must be included in the provisional patent.
- If there are multiple inventors, each inventor must be named
in the application. The inventor named in the provisional application
must have made a contribution to the invention as described.
- Amendments are not permitted in provisional applications. The
initial filing must be complete.
- A provisional application will not result in a non provisional
patent unless one of the following two events occur within 12
months of the provisional application filing date; a corresponding
non-provisional application backed by information submitted in
the provisional patent is filed ; or a petition is granted to
convert the provisional application into a non-provisional application.
I would not rely on filing for a petition. Filing a corresponding
non-provisional application is more prudent in your case.
NON-PROVISIONAL "UTILITY" Patent: This type of patent gives the owner
exclusive right to exclude others from selling or making a product
for 20 years from filing date. Average cost of a non-provisional patent
is $ 8000 including filing fee and professional drawings. Additional
fees are required for amendments (if required), printing, issue, and
publication and maintenance fees for 3, 7 & 11 years after issue.
Not included is the cost of enforcement.
A DESIGN PATENT is granted to anyone who invents a new, original,
and ornamental design for an article of manufacture. This is essentially
a patent for an improved, decorative appearance to a product such
as a shoe design, a flower vase, furniture, a fabric, jewelry and
a camera design. A design patent protects the decorative aspects of
an invention for a term of 14 years. Design patents should be pursued
if the essence of an invention is its appearance, or if the final
version has a unique look.
A Design patent for an invention that is average in complexity may
be obtained at an estimated cost of $3500 to $6000, portions of that
amount being payable at different times throughout the prosecution
history of the patent. A detailed breakdown of the fees will be prepared
for you before any work commences.
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