Posts Tagged ‘design patent’

What is implied by “the patent process”?

Friday, December 18th, 2009

Inventors need patent firms that can give them application and patent protection services. Having a patent law firm with experienced attorneys on your side can help you prevent others from using your intellectual property.

The patent process is generally very long. During this period, the application generally travels back and forth between the applicant and the patent examiner until both sides agree as to which part of the invention is worthy of a patent. The patent process generally involves filing a patent application and undergoing examination at the patent office. If examination is successful, a patent is granted and is enforceable for a limited term thereafter.

Inventions come in all shapes and sizes, and if your widget does nothing more than add one novel concept to a mountain of old concepts, that novel concept may just be patentable. So, for example, if your video game is an automobile racing game, you might use familiar concepts such as turbo boosting your car, damaging your car when collisions occur, and displaying a racer’s progress on a map of the race track, but at one point, displaying the racers was a novel idea, and perhaps patentable. Inventions which, if handled wisely, may fetch young and enthusiastic start-up entrepreneurs great success in terms of financial and global fame. Inventors not ready to file a full patent application are encouraged to file a “provisional patent application”. The provisional application provides more benefits and protections to inventors than the disclosure document.

Design applications require formal drawings (like of cup holders) when filed since the look of the invention as shown in the drawings is the basis of the application. A draftsman with many years experience in preparing formal patent drawings is usually available for this service to clients. Design patents (these patents are concerned with the aesthetic appearance of the invention) must be generally within one year of the idea’s conception. Design patents of this type tend to have a term of 14 years.

Utility patents, on the other hand, are applied for when the invention you wish to protect has a use such as a machine, ingredients, medicines, computers, etc. A provisional utility patent application is less common and not something you need to understand at an introductory level. Utility patents are granted for inventions such as new processes or machines. Not to be confused with design patents which are granted to inventors of new designs for articles that are manufactured.

Invention protection is important to manufacturers too. The manufacturer has the biggest investment at risk and they’ll take whatever steps are necessary to protect it. Inventiveness is good for consumers, monopoly power is bad for consumers, and we reward inventiveness by granting 17 years of monopoly power. It’s someone’s idea of a compromise between too little and too much. Inventions that come before your invention are referred to as “prior art”. The differences between your invention and the prior art need to be explained and defended in order for a patent to be granted.

Design and Business Method patents

Monday, December 7th, 2009

Ideally, a patent application should be made before the invention is disclosed to the public. Once the invention is made public, you lose the opportunity to file for patent protection in most foreign countries. Ideas cannot be patented. However, you can file a Disclosure Document — a witnessed and notarized description and sketch of your invention — which the USPTO holds for two years.

Business method patents are part of a larger family of patents known as utility patents that protect inventions, chemical formulas, and other discoveries. A business method is classified as process because it is not a physical object like a mechanical invention or chemical composition. Business method patents are only one embodiment of abstract ideas that were deemed to be non-patentable subject matter. While there no longer is a “business method patent” exception to patentable subject matter, the algorithm exception to patentable subject matter still stands.

Design patents are a useful tool to protect innovative designs in computer equipment and peripherals. New, original commercial designs for products can be protected relatively inexpensively, thereby preventing a competitor from making a product which looks identical to an existing product. Design patents only cover an item’s look or form. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. This means that they are weaker than a utility patent, but because they are VERY easy to get you should consider them to round out your portfolio.