What kind of patent

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Once you have determined the type of Patent that you need, you can consider your application strategy and whether to use professional legal services.

A patent application is subject to the payment of a basic fee and additional fees that include a search fee, an examination fee, and issue fee. Depending on your application, there may also be excess claims fees. Filing, Search, and Examination Fees. Estimate how long it will be until you receive your first letter from the USPTO in response to your application. Consider expedited examination options. The USPTO Patent Application Initiatives Timeline displays various programs and initiatives that are available to applicants during each phase of the application process.

Each program is designed to advance the progress of a patent application and to provide applicant assistance. View a detailed Matrix of programs available Prior to Examination. Should you hire a Patent Attorney or Agent? The preparation of an application for patent and the conducting of the proceedings in the United States Patent and Trademark Office USPTO or Office to obtain the patent is an undertaking requiring the knowledge of patent law and rules and Office practice and procedures, as well as knowledge of the scientific or technical matters involved in the particular invention.

Inventors may prepare their own applications and file them in the USPTO and conduct the proceedings themselves, but unless they are familiar with these matters or study them in detail, they may get into considerable difficulty.

While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention.

See the Patent Application Guides for the detailed legal requirements for filing the type of Patent Application you have determined is right for you. Submit your initial application with all the required parts needed for obtaining a filing date and include the correct fee. Before you sign your application, make sure that you read the written specification and claims. If your application is incomplete , you will be notified of the deficiencies by an official letter from the USPTO, known as an Office Action.

You will be given a time period to complete the application filing a surcharge may be required. If the omission is not corrected within a specified time period, the application will be returned or otherwise disposed of; the filing fee if submitted will be refunded less a handling fee as set forth in the fee schedule. Learn more about responding to Office Actions.

Estimate how long it will be until you receive your first official correspondence from the USPTO in response to your application. Once your application has been accepted as complete , it will be assigned for examination. Your examiner will review the contents of the application to determine if the application meets the requirements of 35 U.

If you have chosen legal representation , remember that once an application is filed by a patent attorney or agent, the USPTO will only communicate with the attorney or agent. Inventors often call the USPTO for updates, but they have a designated attorney or agent representing them. Consider an Interview with your examiner - The USPTO encourages examiners to take a proactive approach to examination by reaching out and engaging our stakeholders in an effort to resolve issues and shorten prosecution.

If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance. Utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office. A patent number and issue date will be assigned to an application and an Issue Notification will be mailed after the issue fee has been paid and processed by the USPTO.

An inventor can file for a provisional patent if their invention is still in its development phase and they intend to make improvements to it. They will get 12 months to develop and enhance their invention and convert the provisional patent into a complete patent application.

If one has their complete invention in place and is ready to get their patent, they can file a complete patent application. Final word: Before an inventor files their patent application, they should recognise the application and patent type. It is recommended that they hire patent professionals to assist with the patent filing process , which can be quite challenging. All Patents are governed under the Indian Patent Law, which grants exclusive monopoly rights to the patent holder.

Once one has the patent, they too can go on Shark Tank and crack a deal that can make you a millionaire! Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. What is a Patent? Different types of patents Before embarking on the patent application process , the inventor must recognise the different types of patents they can file. Here are the three patent types: A Utility patent The most common types of patent applications received by the Patent Offices across the world, are for a utility patents.

Compositions of matter: A composition of matter utility patent type refers to the chemical compositions, including a mixture of ingredients and substances or new chemical compounds. Manufactures: A manufacture is any product that requires undergoing a manufacturing process. Machine: A machines utility patent includes anything that is primarily regarded as a machine — for instance, computers, refrigerators, air conditioners, etc. Design Patent The design patent is another kind of patent one can obtain.

A Plant Patent: If one comes across new, distinctive plants, that may not have been seen or heard of before; they can obtain a third kind of patent: a plant patent.

Revising a Patent. Royalties and Deductions From Licensing Inventions. Protecting an Invention Before Getting a Patent. Working with a Patent Lawyer. Filing for a Patent Without a Lawyer. Patent Forms. Trade Secrets. Choosing Among Patent, Copyright, and Trademark. Intellectual Property FAQs. Find a Patents Lawyer. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law.

Other Databases. Marketing Solutions. These patents are granted for 20 years from the date of filing and no maintenance fees apply. Patents provide an incentive for companies or individuals to continue developing innovative products or services without the fear of infringement. For example, large pharmaceutical companies can spend billions of dollars on research and development. In other words, patents protect the intellectual property of companies to help their profitability.

However, patents also serve as bragging rights for companies demonstrating their innovativeness. Before making a formal application, an applicant should research the Patent and Trademark Office's database to see if another person or institution has claimed a patent for a similar invention.

The invention must be different from or an improvement upon a previous design to be considered for a patent. Applicants need to take care to maintain accurate records of the design process and the steps taken to create the invention. Enforcing the patent is up to the person or entity that applied for the patent.

To apply for a patent in the United States, the applicant submits specific documents and pays associated fees. Written documentation includes drawings, descriptions, and claims of the item to be patented. A formal oath or declaration confirming the authenticity of the invention or improvement of an existing invention must be signed and submitted by the inventor.

After fee payment, the application is reviewed and either approved or denied. Patents protect the intellectual property of companies and help ensure their profitability, but patents also serve as marketing for a company's innovation.

The USPTO receives more than , patent applications per year with just over , of them granted. Many patents issued go to companies in the technology industry where Apple was granted 2, in Microsoft and Google were also granted patents. However, IBM typically receives more than any company in the U.

One of the most notable patents in the past 40 years was the personal computer filed in by Steve Jobs and three other employees of Apple Inc. King C. Gillette patented the razor in and was dubbed a "safety razor. The patent for the television was issued in to Philo Taylor Farnsworth for the "first television system.

At age 20, Farnsworth had created the first electric television image and went on to invent an early model of the electronic microscope. Patents are legal rights issued to inventors to protect their inventions for a certain time, usually 20 years. They exclude others from reproducing, using, or profiting from it without the expressed permission of the patent owner.

The granting authority issues a patent in exchange for permission to publish details about the invention, such as how it's made and what it's used for.

Trademarks are legal protections on words, phrases, designs, or marks that identify a specific product or service. Trademarks are intellectual property that contribute to the image and reputation of the product or service to which it belongs, and to the company to which it belongs. Beyond symbolism, a trademark can be incredibly valuable to a company, prompting some companies to include them in their valuation.

Trademarks are protected forever, as long as it's in use and the holder can defend it. Examples of trademarks include the golden arch for McDonald's, the Nike swoosh, and Apple's apple. Copyrights are legal protections on creative works of the mind, or according to the United States Patent and Trademark Office "original works of authorship. Copyrights prevent others from reproducing the work without the expressed permission of the copyright owner.

Like other intellectual property, copyrights are granted for a specific time, allowing the holder to benefit from its creation. Copyrights are granted for the maximum period of 70 years from the death of the author.