If you are interested in creating your own patent, there are a few things you need to know before you start. For starters, there are two kinds of patents you may want to consider: Utility and Design. Both are designed to protect your creation and allow you to license it.
Utility patent
If you’re looking to protect your invention, you may want to consider filing for a utility patent. Unlike a design patent, a utility patent gives you the right to control how other people use your product.
Utility patents are a type of patent granted by the USPTO to protect a new or improved invention. These patents can be granted for a variety of inventions, including compositions of matter, machines, processes, and manufactures.
The process for filing a utility patent application can be complex. It’s important to seek help from a skilled attorney or patent agent if you have no experience. You will also need to understand the different types of utility patents.
A utility patent is one of the three types of patents issued by the USPTO. Generally, they are a two to five year process, but some are a lot longer.
Utility patents give you the right to exclude other people from making or using your invention. This includes preventing others from selling your products. However, you may also be required to pay maintenance fees for the protection of your invention.
Getting a utility patent can take a long time and be expensive. To keep costs down, many inventors file a provisional patent application. Once this has been approved, you can then move on to a non-provisional application.
Typical utility patent applications include a numbered listing of claims, a description, and an abstract. You will also need to have drawings for the invention. Usually, these are done by a CAD expert.
There are several factors to consider when applying for a patent, such as submitting a well-crafted specification and a thorough freedom-to-operate analysis. Depending on the complexity of your invention, the total cost can be as little as a few thousand dollars or as high as tens of thousands of dollars.
Design patent
Design patents provide you with the rights to legally prosecute those who attempt to profit from your designs without permission. These are relatively easy to get and are becoming more popular as an option for obtaining protection for your designs. The key is to file your design patent application in the right way.
First, you should check to see if you have an already existing design. If you do, you may want to take a look at a similar design that has been patented. You can also use a professional draftsperson to draw up a design patent drawing.
The next step is to write a brief description of the design. In addition, you will need to include an oath or declaration. Usually, the USPTO will give you a chance to correct any deficiencies in your design patent application.
The other tidbit of information you will need to include in your design patent application is a title. This should be a good, concise title that clearly identifies the object in which the design is embodied.
In addition, you will need to include a color illustration of the design. Be sure to include any pertinent petitions and any other relevant information.
Finally, you will need to make a few other items available to the examiner. For example, you will need to provide a description of the three-dimensional design.
One of the most important elements of the design patent application is the drawing. An incomplete drawing can lead to a fatally flawed disclosure. It is therefore critical that you have your drawings done by a professional.
To determine whether or not your design has been patented, you should check the USPTO website. There, you will find a guide to the different kinds of patents and the different steps involved in applying for a design patent.
Depending on the size of your business, you will need to pay a design patent issuance fee. Large businesses will have to pay about $700, while small companies will have to pay around $350.
While there are many ways to obtain a design patent, the easiest and most inexpensive method is to simply file the patent application. However, if you are interested in a patent but are not familiar with the legal processes, you can hire an attorney to help you out.
Plant patent
Plant patents are granted by the United States Patent and Trademark Office (USPTO) for newly discovered seedlings. A plant patent gives the owner the right to exclude other people from using, selling, or asexually reproducing the patented plant.
If you are interested in protecting your plant, you can begin the patent application process with the help of a registered attorney. There are several advantages to having a plant patent.
For starters, you can get a royalty stream that lasts for many years. Furthermore, you can protect your new varieties of fruit, flower, and marijuana hybrids.
You can obtain a plant patent by filing an application with the USPTO. However, you will need to work with an experienced Orange County intellectual property lawyer. This is because the USPTO sets strict requirements for the patent.
First, the patented plant must be unique and nonobvious. You must also meet novelty and utility requirements.
Once you have determined that the plant qualifies for a plant patent, you should prepare a draft application. This includes a specification, claim, and drawings. The drawings should portray the most distinguishing characteristics of the patented plant. They should also be artistically rendered, in color if color is a distinguishing characteristic.
The patent examiner will evaluate the application for completeness. He or she may amend the description of the plant to clarify any errors or omissions.
The specification of the plant should include a declaration by the inventor. Moreover, it should be written in a standard agricultural language. It must also contain a description of the genetic lineage of the plant.
The application costs vary depending on the type of plant and the fees charged by the USPTO. Usually, the filing fee is $570, which is double for small entities. In addition, you must pay issuance and publication fees. Usually, the prosecution costs are $1200 to $1800 for each office action response.
Unlike a utility patent, a plant patent does not require a deposit. However, the cost of submitting photos will affect the cost of patenting a new plant.
The USPTO recommends that you use a registered patent attorney when you file your patent. You should also check the USPTO Web site for the latest information.
Poor man’s patent
Poor man’s patent is a concept that refers to the protection of an idea by putting it on paper. It can be achieved by submitting a copy of your patent application to a third party, usually the United States Post Office.
Before 2013, the United States operated under the “first to invent” system. Under this system, the first person who invented an invention would get a patent. However, this system was not without its problems. For instance, the first person who invented an idea could change the details or make other people discover the idea. If this happened, a patent examiner might reject the patent application.
In March 2013, the United States changed its patenting system from the “first to invent” to the “first to file” system. The new rule makes it harder to claim the first place in the race for a patent.
To show the US Patent and Trademark Office that you are the first person to invent an idea, you must show the date of your invention. One way to do this is by mailing your own manuscript. This is not a legal procedure, but it can give you evidence of the date of your invention.
You can also prove your invention’s origination by using a sealed envelope. Unlike other methods, this method can provide evidence that you possessed the idea before someone else filed a patent application.
While the poor man’s patent may have some validity under the old system, it is no longer a credible source of proof. Getting a patent is an expensive and time-consuming process, so it is best to file as soon as possible.
In addition to protecting an idea’s technical concept, a patent can help protect its appearance and the way it works. Some companies will pay thousands of dollars to obtain a patent.
If you have a unique idea, it is important to file a patent application as soon as possible. Doing so will ensure you have patent pending status and that you are protected by the filing date.
Another way to prove your ownership of an idea is by sending a letter describing your invention to a third party. A postmark will prove that you sent the letter.
