Types of Patents Entrepreneurs Can Apply and File for

Types of Patents Entrepreneurs Can Apply and File for

Patents are granted by the government, such as the USPTO (United States Patent & Trademark Office) where a person or company can register their original invention in order to protect it from another party claiming ownership over it.


 Patents help to secure one’s work and inventions from being copied and reproduced by others without their okay on it. The rights holder only has the legal authority to sell the invention to others. There are three major types of patents that are granted.

Firstly, there are the utility patents. These are granted which gives protection on how the patented invention is used and works. It prevents the selling, using and importing of the product without the inventor’s consent. Such a patent is given to someone who creates a method, a product, a machine, device, chemical compound or a manufactured item; something that gives a new or useful result.


It is an often occurrence that improvements are made on someone else’s already invented products and patents sought for the improved product. Such patents only provide with authority to reproduce and use the improved invention and not the original invention. It protects the invention in a more secure manner as compared to other types of patents. It lasts up to 20 years and within that time period, no one can legally reproduce the invention without consent. Utility patents are costly and require a more exhaustive time period to acquire.

Another type of patent is the design patent. It is an easily sought patent, acquired cheaply but it is the least sought patent as it gives limited protection to inventors. Such a patent is not for a complete invention; it covers invention of a particular design, and prevents others from using that design in their inventions for a time period. Design patents do not protect the function features of the invention. 


They are easy to escape, as a difference in overall appearance of the product would result in a different design. In the US, the time period of a design patent is 14 years, which is expected to be changed in the near future. This means that the inventor would have exclusive rights of their design for 14 years. Any infringement of the patent right of the particular design would result in a lawsuit.

The third type of patent is the plant patent. These patents are issued for invented plants that are produced using asexual means i.e. produced from means other than seeds. However it does not include the tuber plants. It helps the plant inventors to have exclusive rights to such type of plant production. Such a patent also covers the discovery of such a plant by someone and hence that person can gain exclusive rights of the particular type of asexual plantation.

Furthermore, patents can also be reissued to correct errors in an already acquired patent of any type. Reissuance of a patent will not change the time period of the protection provided by the already provided patent, although it may affect the type of coverage granted by the original patent.

If you have any questions about what type of patent you will need to best protect your invention, it is highly suggested to connect with several patent lawyers who can consult with you to best protect your invention with the right patent that fits your needs and budget.

 Patent  Attorney, Patent Lawyer

WHAT DO PATENT LAWYERS DO TO HELP BUSINESSES?

WHAT DO PATENT LAWYERS DO TO HELP BUSINESSES?

A patent lawyer is a lawyer who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

The titles patent agent and patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person qualified as a lawyer.

A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention (the patent specification), together with official forms and correspondence relating to the application.

The term patent application is also used to refer to the process of applying for a patent, or to the patent specification itself (i.e. the content of the document filed with a view to initiating the process of applying for a patent

What Patent Lawyers Do:

·        Patent lawyers can help inventors research their invention, guide them through the patent application process and create a patent that will protect that invention.

·        Just because a person has gone to law school does not mean that they know how to write a patent application. Just because they’ve actually passed the patent bar does not mean they know how to write a patent application. To learn how to write a patent application takes years of working as an apprentice with an experienced patent attorney. In fact, most lawyers do not understand patent law at all.

·        All multinational companies and organizations needs a patent lawyer hired because none of their engineers or economic experts can right that no matter how much qualified they are.



·        When a patent application is poorly written, it may be worthless and possibly harmful because it creates the illusion of protection. You might make mistakes in judgment and in how to conduct your business because you think you have that legal protection when in fact, you don’t.

·        A law firm has all patent lawyers from junior to senior and they provide one to client according to the company’s legal requirements.

·        Hiring a patent lawyer is good as it is cheaper than the opposite process of doing it yourself. A patent lawyer is already familiar to all legal procedure and requirements and thus directly precedes the case.

·        Letting a patent lawyers proceed your case will also save your time and case completion will take less time as he is aware of all steps and their regulation time.

·        Another major aspect of the work of an IP lawyer is to help companies to avoid infringing on a patent or copyright that somebody else has. This is actually fairly common when it comes to patents as many times when a company designs something that find that somebody has already got a similar patent. It may be possible to get around this by making your product different enough; an IP attorney can help the company to determine if they can do this and how.


Patent  Attorney, Patent Lawyer

Learn About the Four Types of Patents that Protect Intellectual Property

Learn About the Four Types of Patents that Protect Intellectual Property

Any kind of invention that you come up with is your intellectual property. If you are not careful, however, you can end up losing out big time on something that you have worked so hard for. Just like any other business, it is important to know how to best protect your investment. In this case your invention is your investment since it can open up doors to greatness. Patents work best when it comes to protecting what is rightfully yours from unauthorized usage. 

Here are the four common types of patents that you can use to protect intellectual property.

1. Utility patents
 

They can be termed as the most common of all the patent types. This is because they cover most of the categories. This type of patent offers protection to how something works and how it is used. It can be anything from a machine, a process or even a composition matter of an item or products. The patents are meant to protect inventions that are useful in terms of purpose and functionality like car engines and important tools or machines. 

2. Design patents
 

They are the next most popular types of patents. They usually revolve around visual shapes or designs applied or embodied in a manufacture article. By creating a design patent, you are basically creating an ornamental feature that is new to an item. For instance, if you created a new computer that has a design that is unique and never thought before, you can lay claim to two different patents by law. The first would be a utility patent for the machine itself and the second would be a design patent for the ornamental feature in the creative unique design or shape of the computer. 

3. Plant patents
 

This category is applicable to inventors or discoverers of distinct new plant variety. It could also be helpful to asexual reproduction to achieve as long as the plant itself cannot on any way be found in an uncultivated state. It is important to understand that asexual reproduction involves the propagation of plants to multiply without the use of any genetic seed to get a genetic copy of the plant. There are different modes of reproduction that are labeled under this category by the United States Trademark and Patent. When you have filed for this patent, it will cover your invention for up to 20 years. This gives you exclusive rights to the reproduction, using and selling of the plant in any way that you wish to. 

4. Software patents
 

Still under types of patents you will find the software patents. They offer protection to original computer software. The software in question must however be useful, novel and not obvious to an ordinary skilled person in the computer software field. It means, therefore that there must be something really unique about it that sets it apart from what anyone else can come up with. Because of the difficulties in defining what non-obvious elements can be in a software patent, it can fall under plant, deigns and utility patent classes.

Patents can be quite complicated. If you are not sure of the types of patents and which one best suits your invention, you can use the help of experienced patent attorneys to get you through the details as well as the filing process.

 Patent Attorney,Patent Lawyer

Learn About Provisional Patents And How To Get A Patent Pending Status

Learn About Provisional Patents And How To Get A Patent Pending Status

Inventions can be very promising not just in offering solutions to the situations they have been developed for but also in making money for the inventor when they are a hit in the market. The worst thing about coming up with a new invention is that it is prone to getting copied by others. Apart from copying your invention for their own benefits, they could also end up making substantial improvements and changes to your original invention to come up with a better product. This can easily drain you out of business, especially if you had made the invention with the sole purpose of making money out of it. 

Fortunately, you are allowed by patent law to protect your original inventions through patents. They give you exclusive rights to the product, production process or design that you have come up with for a given period of time. This makes impossible for others to use your formula for the same kind of product. There are different kinds of patent applications and provisional patents are some of them options that you will find today. 

Provisional patents 

The Patent Office and United States Trademark allowed the first filing of provisional application back in 1995. There is a huge difference between a provisional patent application and non-provisional patent. The major difference is that the provisional does not require the formalities that are required in the non-provisional patent. Under the provisional application, you are allowed to put a “patent pending” label on the invention. This status saves your rightful spot in filing for a non-provisional patent, meaning that you can hold that same spot for up to a year once you have filed for the patent. It is a window opening that gives you all the time that you require to make the decision whether you should move on with the filing for a full non provisional patent.

The other difference between a provisional patent and a non-provisional patent can be in the specific parts that are patented. They can include trade secrets and they are not released when you have applied for provisional protection. 

Filing for a patent 

The matters associated with patenting an invention can seem very difficult and tedious, especially for individuals who are not very sure about the process. Fortunately, even when you know so little about patents and how to go about the filing process, you can still find professional help. There are patent attorneys who can help you with every detail to the last bit till you have your desired patent in place. The attorneys can actually make the process easy for you by offering filing assistance online. It breaks down the geographical barriers that would have otherwise stood in your way to access the much-needed help with your invention. A good patent attorney will also be in a position to teach you a little about the patents and answer all your questions so that you are comfortable with the process.

Provisional patent can be a great help, especially if you are yet to decide which direction you wish for your new invention to take. With a good patent attorney, the filing process should be an easy ride for you.

 Patent Attorney, Patent Lawyer

Got the Next Big Idea? Learn How to Patent Your Invention and Protect Your IP

Got the Next Big Idea? Learn How to Patent Your Invention and Protect Your IP

Your invention can take you from one level to another as long as you know how to protect your invention. Without a patent, your invention is at risk of getting copied and used by other people and this can take the value right off your hands. A patent gives you exclusive rights to your inventions barring other people from using it in any way. 

To patent your invention, there are steps that you will need to follow.

Step 1: Know the type of patent that you need 

This is important since there are different types of patents. Your invention is only protected if it is within the right patent so be sure to choose the right one before applying for a patent. The common types of patents that you will find include:

• Utility patents which cover processes, product, machines and composition matters of a product or item. This is the most common type of patent and it can protect the way a product or machine is used and even how it works. Among the products that fall into this category include power hand tool or new car engines among others.
• Design patents covers design or shape that a manufactured product takes. It is especially important when creating ornamental features on a specific item. It can apply to all kinds of products.
• Software patents on the other hand offer you protection to original computer software. The fact is for this to apply there must be some patentable material within the software. It must prove to be unique and useful to an ordinary person in the computing field.
• Plant patents covers any asexually reproduced or invented variety of a plant. The rule for the patent is that the plant must not be found in uncultivated state and the multiplication must have been done without using genetic seeds. This is a unique kind of patent, but nonetheless important.

Step 2: File the patent application by type of patent you need 

There are basically three types of application you need to be aware of when filing for a patent.

They are: 

Provisional patent – this allows you to state the patent that you wish to have but at the same time giving you a patent pending option for the invention. The pending status gives you enough time to figure out whether to go on with full patent that amounts to non provisional patent. 

Non provisional patent – the patent protects your invention for 14 up to 20 years through a detailed application. You will need to include a description making it possible for another person to recreate the invention. The challenge in this application is probably in the drafting of invention specifications. Well-versed attorneys can help you with how to patent an invention correctly using even drawings to make the right expression in the invention description. 

International patent – it protects the invention across all countries that are within the Patent Cooperation Treaty. There are a number of countries under the agreement and your invention will be protected across the board. 

If you have been wondering how to patent an invention hassle-free, you can easily use the help of valuable patent attorneys to protect what you value most. Through the attorneys, you can have all your questions regarding patents answered as well. Remember, it’s not the first person who has the great idea, it is the first person to patent it is the one who protects it with ownership.

 Patent Attorney, Patent Lawyer