subject: 2 Types Of Patents You Need To Know About [print this page] If you have an invention you want to protect from duplication you need to make an application that will grant you all rights over it. These applications have to filed with the patent office in your country and have a particular format. In general, the application include the name of the invention, what field it belongs to, a description and drawings, and claims defining the rights you are seeking. The following are the two types of patent applications you can apply for.
Non-Provisional Applications
*A non-provisional patent application, or regular application, is filed for utility, design and plant inventions. It must include an oath/declaration, claims, specifications of the invention and drawings if required, and the filing cost. You are assigned a filing date by the patent office, after which it will be reviewed.
*The application must include at least one claim or it will be deemed incomplete. The claim needs to be described clearly. The application must have a cover sheet which identifies it as non-provisional, and also provides details of the inventor/s.
*Once you are granted the non-provisional patent you have the right to exclude others from using, selling, or replicating the invention.
*You will be given this right for a period of 20 years from the day the on which the application was filed. This period is subject to adjustment if the patent was issued more than three years after the date of application, and if the applicant did not cause the delay.
Provisional Patent Applications
*A provisional patent application will allow you make a low-cost filing of your invention. A provisional patent lets you protect the idea of your invention for a while before you are able to file a regular application.
*This type of application does not need to include any claims so are never reviewed. They are, however, only valid for 12 months. The advantage here is that any non-provisional application you file within the validity period will get the same date as the earlier provisional application. So in effect you get patent rights for 21 years.
*You will need to include specifications and drawings of the invention, and the fee. A cover sheet must indicate the application as a provisional one, provide details of the inventor/s, indicate to whom correspondence must be sent to, and the name of the invention.
You may not be sure which kind of application to file. Before making a decision, do your research so that you can make an informed one. This will go a long way in determining how successful you are with your invention.
