Invention Ideas - Patent Protection

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There are essentially three kinds of patents which you should know of -- utility patents, design patents, and provisional patent applications.

A utility patent pertains to inventions that have a "functional" aspect (quite simply, the invention accomplishes a utilitarian result -- it actually "does" something). Quite simply, the thing which will be different or "special" concerning the invention should be for a practical purpose. To qualify for utility patent protection, an invention also needs to fall within a minimum of one of the next "statutory categories" as required under 35 USC 101. Remember that just about any physical, functional invention will fall under a minimum of one of these categories, so that you need not get worried with which category most useful describes your invention.

A) Machine: think of a "machine" as a thing that accomplishes an activity because of the interaction of its physical parts, like a can opener, a car engine, a fax machine, and so on. It may be the combination and interconnection of those physical parts with which we're concerned and which are protected by the patent.

B) Article of manufacture: "articles of manufacture" ought to be looked at as things which accomplish an activity as being a machine, but with no interaction of numerous physical parts. While articles of manufacture and machines may appear to be similar in most cases, you can distinguish both by considering articles of manufacture as more simplistic things which routinely have no moving parts. A paper clip, for instance is articles of manufacture. It accomplishes an activity (holding papers together), but is obviously not a "machine" since it's a simple device which doesn't rely on the interaction of numerous parts.

C) Process: a method of doing something through a number of steps, each step interacting in some manner with a physical element, is actually a "process.” A procedure could be a new approach to manufacturing a known product or can also be a new use for a known product. Games are an average of protected as a procedure.

D) Composition of matter: typically chemical compositions such as for example pharmaceuticals, mixtures, or compounds such as for example soap, concrete, paint, plastic, and so on can be patented as "compositions of matter.” Foods and recipes in many cases are protected this way.

A design patent protects the "ornamental appearance" of an object, instead of its "utility" or function, which will be protected with a utility patent. Quite simply, if the invention is really a useful object which has a novel shape or overall look, a design patent may provide the appropriate protection. To prevent infringement, a copier would need to produce a version that doesn't look "substantially like the ordinary observer. “They can't copy the form and overall look without infringing the look patent.

A provisional patent application is really a step toward receiving a utility patent, where the invention may not yet prepareyou to acquire a utility patent. Quite simply, if it appears as although the invention can't yet get yourself a utility patent, the provisional application might be filed in the Patent Office to determine the inventor's priority to the invention. While the inventor continues to build up the invention and make further developments which allow a software application patent to be obtained, then your inventor can "convert" the provisional application to a complete utility application. This later application is "given credit" for the date when the provisional application was initially filed.

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A provisional patent has several advantages:
A) Patent Pending Status: Probably the most well-known advantage of a Provisional Patent Application is that it allows the inventor to instantly begin marking the merchandise "patent pending. " It's a time-proven tremendous commercial value, like the "as seen on TV" label which will be applied to a lot of products. A product bearing these two phrases plainly possesses a commercial marketing advantage immediately.

B) Capability to improve the invention: After filing the provisional application, the inventor has twelve months to "convert" the provisional right into a "full blown" utility application. Throughout that year, the inventor should attempt to commercialize the merchandise and assess its potential. If the merchandise appears commercially viable throughout that year, then your inventor is encouraged to convert the provisional application right into a utility application. However, unlike an ordinary utility application which can't be changed by any means, a provisional application might have additional material put into it to enhance it upon its conversion within twelve months. Accordingly, any helpful tips or tips that have been obtained by the inventor or his marketing/advertising agents throughout commercialization of the merchandise can be implemented and protected in those days.

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