Top five questions to ask about design patents and provisional patent applications
Should a design patent come first?
Top five questions to ask about design patents and provisional patent applications
Do you want to get your product design patented or apply for a provisional patent? Before meeting with a lawyer, it might be useful to know the correct terminology. While it may sometimes be referred to as a provisional patent application, the correct term for an application (if you plan to file an application to try to receive a provisional patent) is simply a provisional application.
How can you turn your provisional application into a provisional patent? This is a process and the fate of your application is something a US Patent Trade Office examiner determines. Should I file a regular utility patent or convert a provisional patent to a regular utility patent application? While the result is the same for these processes, procedurally there is a difference. With the new patent regulations that went into effect early this year, (stating the first one to file has inventor rights) those wishing to file should ask how the new regulations would affect their application and the entire process. It may mean your application is marked as patent pending if an examiner initially approves the request for a patent.
Should a design patent come first?
What if my invention is a novelty; do I also need a design patent? You should file a design patent first if this is the case, because a provisional application cannot be used to obtain a patent for design. The two are very separate processes.
A design patent only covers a product’s design and is not valid for any other patent process. By filing out the correct paperwork, you’ll ensure that you receive a design patent for your invention and there won’t be a delay in the process of receiving your design patent or any other patents.
Does the new patent regulations affect design patent the same as with other types of patents? Because of America Invent Acts, there are regulations that have changed the procedures and processes to file certain patent applications. It’s best to ask your attorney these questions before applying. This way, there are no unforeseen patent application delays and you don’t have to spend any more time than necessary to correcting application errors to get your application status marked “approved” instead of “patent pending.”
What happens if my patent is marked patent pending by the USPTO? This may be no cause for alarm, depending on what point you are in the patent process and if examiners have requested additional information, so that they can reexamine whether your application should be changed from “patent pending” to “application approved” or “application denied.” Your attorney should be able to guide you in the process so that any “patent pending” status more than likely simply means a patent is pending because the final process to approve a “patent pending” status is delayed because of a backlog of paperwork and fewer examiners to review and grant patents.
About the Author
The Invention Protection Law and Research Group (IPLRG) is a law firm specializing in protecting the intellectual property interests of individual inventors and small businesses through entrepreneurial efforts. Our firm was founded by, and only employs, experienced patent attorneys and patent agents. We deliver quick turn-around on services and our experience is unmatched, with thousands of successful patent filings to date. For more information about the services we can offer you, visit us at: www.inventionprotectionlaw.com
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