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Design And Utility Patent - Need Of The Decade
The authorized agency for processing patent applications is the United States Patent and Trademark Office (USPTO). There are several kinds protect the interests of the inventor which includes Design, Utility, Plant, Reissue, Defensive Publication and Statutory Invention Registration.
Design patents are issued to anyone who invents an original, new and ornamental design for a product. This gives inventor the authority to exude other parties from using, making or selling the design from the date the patent is granted. If your creation looks unique, don't wait secure it as soon as possible. The first step is to file the design patent application with the USPTO.
A utility application is issued if you invent a new process, manufacture, machine or an improvement thereof. A provisional utility application is the preliminary stepping stone. Once all the documents reach the right authority your invention is marked as "Patent Pending". The subsequent step to protect the interests of the inventor is by converting a provisional application to a non-provisional ...
... utility patent. The time duration allotted by the USPTO to make this conversion is 12 months.
Why to file for a patent application? The logic is simple; you do not entertain strangers into your home. In the same way, it hurts when someone steals your discovery. This has initiated the need to file for a provisional utility or design application. Infringement no matter what kind design or utility cannot be tolerated. One major reason for this is that the level of competition among individuals and industries is increasing as each day passes by. Twenty years after this exclusive right expires, the manufacturer can apply the discovery to their products.
A non-provisional utility application will include claims. Claims are an important part, since they form the basis of what your patent protects. Claims are the most technical part of the whole filing process. The claims form the meets and bounds of the invention. Provisional cost less when compared to non-provisional. This is a benefit as you get complete protection.
At times, this conversion process can take up to two years, but no doubt it is worth it in the end. File and draft the provisional application with the same level of concern like in the case of a non-provisional. A few words of caution, don't take this process too lightly. Don't treat it at par with a disclosure document as it can lead to a number of problems down the road.
The Patent Office provides guidance and assistance to inventors. File for a patent application to protect your discovery from the world.
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