What is a Patent?
Understanding what exactly a patent is, and the purpose they serve, is important when determining if you need one. A patent is the granting of a property right to an inventor that prevents parties other than the inventor to produce, copy, or make use of the product or concept for their own means without the explicit permission of the patent-holder. Well-known examples of patents include the iPhone, where Apple has exclusive rights to determine where iPhones can be sold and how they are represented, or even GPS. Robert Easton, the mastermind behind GPS, obtained a patent for the technology and intellectual property behind his invention in 1974.
The Different Types of Patents
There are three main types of patents recognized by the United States Patent and Trademark Office (USPTO); Utility Patents, Design Patents, and Plant Patents.
Utility Patents
A utility patent is the most common type, and is the one that people usually think of when they hear the word “patent.” These patents are granted to anyone who invents or cultivates any new processes, machines, products, or articles of manufacture – or any useful and unique improvements to an existing one.
Design Patents
A design patent is the type of patent granted to individuals who create original designs for an article of manufacture. Design patents can include original designs of pieces of jewelry, new automobiles, new types of software designs, or even packaging. The original curvature design of Coca-Cola bottles is a prime example of a design patent for packing of a manufactured item.
Plant Patents
More geared to the scientific and research community, a plant patent is exactly what it sounds like; a patent awarded to inventors and scientists who have successfully created a new type of viable plant. Examples of plant patents are the ones granted for the Rose Bush and Apple Trees, where researchers found ways to cultivate these plants by cutting pieces of their stem rather than using a seed germination process.
There are also provisional patents, which is essentially a one-year extension for an inventor to determine if and how they will file a full utility patent on an invention. Reissue patents are also a type of patent an inventor can file for in order to make an update, change, or fix an error with a previously filed patent.
How to Obtain a Patent
The first step in obtaining a patent is to file an application with the USPTO. While this sounds simple, the application process requires quite a bit of research, particularly to ensure that the patent you’re applying for is for an original idea, process, or design. You will also need to show that the patent has proven “usefulness”, which means that the item, concept, or design both serves a functional purpose and is executable.
To be considered an original idea, the USPTO will also expect that the patent you’re filing is not for an obvious improvement on an already existing patent. It’s important to do almost excessive research to make sure that your patent meets all of USPTO’s requirements before submitting your application. Rejected patents mean more time and effort has to be expended to amend and refile. Depending on the nature of the item or concept, time can be of the essence.
Making sure all of your bases are covered when filing for any type of patent is imperative to make sure that the process goes smoothly. Being diligent about providing accurate and sufficient information during the application process can make a substantial difference in the outcome of your patent. At Larson & Larson, we are specialists in helping inventors obtain patents in the Tampa, Florida area. With years of experience behind us, we know how to help you gather all the right information and file a patent application that sets you up for success. If you’re looking to put your best foot forward, reach out to meet with us today.