The Patent Process
There are three types of patents, Utility patents that protect functional inventions, Design patents that protect the “ornamental appearance” of a product, and Provisional patents, which are a temporary form of Utility patent (good for 1 year).
Utility Patents.
A utility patent is a patent that covers the creation of a new or improved — and useful — product, process, machine, or other product or method (including software, methods of doing business, and a wide range of new and useful inventions). A utility patent prevents competitors from making, using, or selling the invention without authorization.
Design Patents.
A Design patent is valid for 15 years from date of grant, and it protects the “ornamental appearance” of a product. This can include product shape, packaging shape and configuration, and similar aspects of a product. It does not include printed material, or functional features.
Provisional Patents.
Provisional patents are a temporary form of utility patents that are typically filed to save expenses. A provisional application for patent has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding nonprovisional utility application during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application. It is important to note that filing a provisional patent application is not examined, therefore, it delays the examination process by one year.
