MightyRecruiterAs an inventor or discoverer of a certain object or idea you consider novel, useful, non-obvious and therefore potentially patentable, you will want to know what federal protection rights you and your creation are eligible for. In general, you should know there are three broad divisions patents fall into. Utility patents, design patents and plant patents are the categories that cover the large spectrum of objects and ideas that can be patented. Utility patents are the most common class inventions fall into. Since they encompass so many different types of inventions, they are an extremely popular form of patent. Learn everything you need to know about utility patents and what sets them apart from other types of legal protection.
1. Question: What is the difference between a utility patent and a design patent?
Utility patents are primarily functional in what they cover, while design patents primarily cover the aesthetic appearance and ornamental value of an object. While utility patents include legal rights over a newly discovered working machine, a way of doing or making something, a manufactured item, or a chemical or ingredient-based composition of matter, design patents are not as comprehensive. They cover only the outward surface structure of an invention, and do not cover its function whatsoever.
2. Question: What do utility patents cover?
As stated above, utility patents include machines, processes, manufactures and compositions. As you can see, many different types of objects and concepts might fall into these four large categories. In general, utility patents cover the way something works or the way something can be done. They protect the way an item is used and the method by which it does what it claims to do. Utility patents may cover articles as diverse as machines such as coffee makers and watches, processes such as how to create a certain chemical compound and even ingredient combinations that produce new chemical compositions.
3. Question: How do I apply for a utility patent?
Once you have determined your potentially patentable object or idea is best suited for a utility patent, you can begin the process of applying for this legal right. But you must first ensure your article or concept is defined as novel, useful and non-obvious. It must never before have been patented or known of, and it must differ significantly from any similar versions that may already exist. If your item meets these requirements, you may submit an application either by mail or online to the United States Patent and Trademark Office. Within this application you must be sure to include the current and relevant forms and payments that are necessary for a utility patent claim.
4. Question: Can I apply for one more than one type of patent for my invention?
Yes. It may be a complex patent filing, but not an uncommon one that involves taking out a design patent and a utility patent, for example, on one invention. Patent applications like these ensure the creation is comprehensively covered. While the utility patent will protect its novel function, use and methodology, the design patent will cover its appearance, structure and material makeup.
5. Question: If I’m considering filing a patent application, should I use a lawyer?
Depending on the nature of your invention, how familiar you are with the details of patent law and legal filings and the other details of your situation, you may or may not wish to receive an attorney’s assistance when filing a patent application. If you do decide to hire a lawyer to help you in filing your claim, make sure he or she specializes in patent law. Now that you know the ins and outs of applying for a utility patent, you will be well equipped to file for a utility patent on your own object or idea.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.