Additional Information
Patent Law Overview
What types of patents are there?
A patent grants exclusive intellectual property rights to an inventor for his or her invention, usually for a period of 20 years. In order to obtain a patent, an inventor must file a patent application with the U.S. Patent and Trademark Office (USPTO).The three major patent types are listed below:
1. Utility – A utility patent is used to protect the invention of a new and useful process, machine, or article of manufacture. It is also used to protect novel improvements to existing inventions. The most common type of patent usually protects an invention for 20 years.
2. Design – This type of patent protects the ornamental features that are “applied to an article of manufacture.” A design patent lasts for 14 years, and the rights it protects do not include any actual elements of the article, only its design.
3. Plant – A plant patent protects the invention or discovery of a new type of plant and generally lasts for a period of 20 years.
What type of patent do I need?
The type of patent you will need to apply for depends on the nature of your invention or discovery. If you’re not sure which of the three patent types applies to your invention, visit the USPTO website for more information:
What protections will a patent give me?
A patent provides a specific type of intellectual property rights protection, namely the right to exclude others from selling, using, making or importing your invention. These exclusionary rights offer protection against patent infringement.
Is it smart for me to apply for and prosecute a patent on my own?
The world of patents is complex and requires years of experience to competently navigate. It is easy to make costly mistakes if you are new to the process, and “going it alone” is not recommended. The smartest thing you can do is consult with a knowledgeable patent attorney early on in the process. Doing so will save you time, money and aggravation in the long run.
