An inventor who knows about patents and understands the best way to use them has a huge advantage in protecting their invention.
updated November 21, 2023 · 4min read
Congress grants inventors different kinds of patents to protect different kinds of inventions. Learning how to use each kind of patent application will help any inventor better utilize the U.S. Patent Office to protect his or her invention.
Different types of patent applications exist so that inventors can protect different kinds of inventions. Savvy inventors can utilize the different kinds of patent applications to secure the rights they need to protect their inventions.
There are four different patent types:
A provisional patent affords inventors an extra year of time in order to decide if and how to file a utility patent. That's just one example of how an inventor can use multiple patent filings to mitigate risk, hedge a bet, or expand patent protection.
Say you are hard at work beating eggs with a whisk when you realize that if you curve the tines and flatten them slightly you could produce delicious scrambled eggs in half the time.
You 3D print a prototype and, in addition to its working beautifully, you realize the reshaped tines produce a very distinctive look.
As you apply for a patent, consider all the ways to protect your new device.
You can file a design patent to protect the distinctive look of your improved egg beater. You can file a utility patent to protect the machine itself and the way it works. You can even file a provisional patent application to give yourself more time to file your utility application.
The different types of applications exist to give inventors options. You may have three design concepts for your egg beater that you initially test. They all work about as well, so you include drawings and a description of each in a provisional patent application.
A few months into your testing, you discover one design is not durable—breaking after a few uses. While talking with potential licensees, you discover that another design is difficult to manufacture due to the tine geometry.
The egg beater would cost more to produce than anyone would pay for a kitchen gadget. As you start to write your utility patent, you will know what design to emphasize and where to focus your patent strategy.
Your egg beater provisional patent gives you a year to learn more about the device and the possible market for your patent.
As you weigh your options, keep in mind that filing a patent has consequences. The USPTO publishes utility patent applications a few months after they are filed. At that point, your application is prior art against all future inventions. Be sure to file patents strategically to avoid tripping over your own inventions.
If you are going to go to the effort to write a patent application, make sure you fully consider every kind of protection available. United States law offers four different kinds of patent applications. Use them to get the right protection for your budget and as part of your broader strategy to get a return on your investment.
by Joe Runge, Esq.
Joe Runge graduated from the University of Iowa with a Juris doctorate and a master of science in molecular evolution...
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
November 21, 2023 · 11min read
Setting up a power of attorney to make your decisions when you can't is a smart thing to do because you never know when you'll need help from someone you trust.
November 28, 2023 · 14min read
It's easy to create a new LLC by filing paperwork with the state. But to set yourself up for success, you'll also need to think about your business name, finances, an operating agreement, and licenses and permits. Here's a step-by-step guide.
November 21, 2023 · 21min read