Applications for design patents aim to protect an invention’s non-functional, decorative, or aesthetically pleasing features. These basically depict the invention’s appearance.
For instance, the creators of a novel running shoe might want to submit a design patent application for the shoe’s distinctive appearance, which is distinct and unrelated to the shoe’s functionality.
A design patent application is valid for 15 years from the date of issuance after it is accepted by the USPTO.
Applications for utility patents concentrate on an invention’s usefulness, which is closely related to how the invention operates.
The creators of running shoes might want to patent their innovative sole, which could enable the wearer to run farther, or their special laces, which won’t come undone during a run.
After the USPTO grants approval, utility patents are valid for 20 years from the date of filing.
There are two options, at least initially, when considering a utility patent application:
1. Provisional
Inventors can affordably and promptly acquire the status of “patent pending” by submitting provisional patent applications.
The USPTO never reviews provisional patent applications, and they automatically expire one year after filing; at that point, a non-provisional application must be submitted.
2. Non-Provisional
Applications for non-provisional patents are frequently longer and need a set of patent claims that specify the extent of the protection being sought.
After they are filed, non-provisional patent applications are given to a Patent Examiner at the USPTO for a comprehensive review.
When refining the details of their inventions, inventors sometimes decide to start with a provisional patent application, which can act as a “patent pending” place holder at the USPTO.
It is crucial to remember that you should apply for a patent quickly and covertly because any public disclosures, sales, or uses made before the application filing date may have a detrimental impact on your invention’s ability to be patentable. Furthermore, patent rights in the United States may be controlled by the date of application filing, independent of the date of invention, due to the country’s “First-Inventor-to-File” patent system. In any case, the invention cannot have been (a) publicly disclosed, on sale, or in use by anyone other than the inventor at the time your patent application was filed, or (b) publicly disclosed, on sale, or in use by the inventor for a period of time greater than a year.
For both design and utility patent applications, Titan Legal Firm offers flat fee application services. Your application, complete with official drawings and thorough explanations of your invention, will be prepared by our knowledgeable intellectual property lawyers. For a free consultation, reach out to us right now.
