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Secure Looks With A Design Patent
A design patent is granted by the U.S. Patent and Trademark Office (USPTO) to an invention that looks fresh and unique. This provides the inventor with an enforceable legal right and prevents others from exploiting the looks aspect of the invention.
A design patent application should be filed to secure the design and not for utility or function aspects. A design patent has a term of 14 years from the date granted. A single invention can obtain a design and also a utility patent. A utility patent refers to how an invention works or is made.
A provisional patent application consists of description and drawings of an invention. There are three main advantages of filing this application. Firstly, it is easy to prepare these documents. Next, it costs less than a non-provisional utility. This is because you don't have to file any claims or declarations. A non-provisional utility includes claims that add to the cost. Finally, you can use the "Patent Pending" status. This status has many notable marketing benefits. You will have 12 months to convert ...
... this provisional application into a non-provisional application.
Major problems can arise if a provisional application is not completed in the right way. Taking this application lightly can lead to many problems down the line. If you're thinking of converting provisional to non-provisional utility, this entire process might take up to two years. The chances of rejection are also high with reasons cited as lack of novelty and obviousness.
A non-provisional utility is a full-fledged application as it includes claims. The focus is on these claims because they form the foundation of what you're protecting. One major benefit, filing a complete application helps generate interest in your invention from prospective licensees and manufacturers. A utility patent has a term of 17-18 years from the date of issue.
Other similar services that might interest you include solicitation of inventions and Non-Disclosure agreements. Solicitation of inventions is a relatively new concept. This service safeguards the interest of inventors from marketing companies. The company providing this service will compile a potential list of interested companies for inventors on their behalf. A Non-Disclosure agreement is also known as a confidentiality agreement. It is a contract between two parties that help in concealing confidential data or knowledge and restrict from other third parties from getting their hands on it. Companies also prepare Non-Disclosure agreements are helpful if you want to present your invention to prospective licensees and manufacturers.
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