What does a patent protect?
A patent gives you the legal right to prohibit others from producing, marketing, or using your invention. Excluding third parties and competitors from benefiting from your invention can help you secure a competitive advantage in the market, discourage knockoff products, and result in greater opportunities for monetization. As a patent owner, you can also earn profits by licensing certain rights to third parties or by directly selling your patent.
Utility vs Design Patent: What’s the difference?
Utility patents are used to protect how your invention functions and typically involve processes, machines, compositions of matter, and articles of manufacture. Design patents, on the other hand, protect the appearance of the invention (i.e., how it looks) and depend heavily on drawings rather than descriptions of the invention.
While they cover distinct aspects, some inventions can be protected by both applications to protect both the look and function of the device.
How long does it take to GeT a patent (to be granted a patent)?
The amount of time required to get a patent varies, but two to four years is typical many applicants.
Many factors affect the length of time including whether the applicant files a provisional application (delays the filing of the non-provisional patent application up to 1 year), whether the applicant requests expedited or prioritized examination, or whether the applicant filed a PCT application.
Does my invention qualify for a patent?
The three basic requirements that an invention has to meet in order to be patentable are usefulness, novelty, and non-obviousness. To be considered useful, an invention merely has serve some purpose, however minimal. To be considered new, an invention must not have been used, sold, or known to the public through a third party prior to the application filing date. An invention is considered obvious if someone of ordinary skill in a relevant field could easily make the invention based on prior technology.
How do I protect my invention outside of the United States?
To protect your invention in foreign countries, you can either directly file individual applications in the countries in which you would like protection or you can file an application under the Patent Cooperation Treaty (PCT), which would protect your right to file in 150+ countries that signed on to the PCT. The PCT application, also commonly known as an international application, merely secures the right to file; the applicant must still select the individual countries or jurisdictions to file the application.
One benefit of the PCT applicant includes delaying the filing in the member states and thus delaying expenses associated with prosecution of the applications. Applicants have up to 30 months from the earliest filing date (or priority date) to enter the national phase filings.