Gain Exclusive Rights With A Non-provisional Utility Patent

A design patent protects how an invention looks while a utility patent would protect how an invention works

. Why do we need patents? So that we get exclusive rights for our invention. If you're able to protect the design aspect, you have the legal rights over the looks of your invention and prevent others from exploiting your design.

The first step is to file for a Design Patent Application with the United States Patent and Trademark Office (USPTO). To get an approval from the USPTO you have to include all details and information that have any sort of relevance. If you don't give sufficient or the smallest of details, you are most unlikely to receive this license. The main disadvantage is that it only protects the appearance so ultimately the protection you receive may be limited.

A Provisional Utility Application is the first step towards obtaining a Utility license. It protects how your creation works or is made. Following this you can apply for a Non-Provisional Utility Patent. There are many advantages if you consider filing. Firstly, you might want to show off your invention to prospective customers and business associates. The second being to ensure that your competitor doesn't file before you do. This way, you're a step ahead of them. Once you get done with the filing process you can mark your invention as "Patent Pending". You have 12 months to decide if you want to file for a Non-Provisional application which has a term of approximately 17-18 years from the issue date.

A Non-Provisional Application includes claims, whereas provisional applications generally do not. Why are claims compulsory? You need this feature when you intend to sue a party for infringement. If similar elements are present, you can file that party for infringement. Thus, a Non-Provisional Application is good if you want to file for a complete application. It can be used as a tool to generate interest in your invention from prospective manufacturers or licensees.

With technological advancements and increasing competition it's essential to have such a license by your side. It's important to know just because your invention has a market value you should consider getting a patent. In a few industries, technology gets obsolete quickly like the information technology industry that a patent might not be as beneficial as you thought it would. So consider all the pros and cons and then come to a conclusion that fulfills all your requirements.

by: Thepatent Office

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