SPONSORED CONTENT
Services provided by law firm Classic Counsel, P.C.†, subject to conflict check and Limited Scope of Engagement
** Govt Fee: $430 for Micro Entities, $785 for Small Entities, $1,720 for Large Entities
Provided by Trademarks On Call®, the Patent Learning Center is for informational purposes only, not legal advice. Select a topic below to learn more about patents:
Patents | Design Patents | Provisional Applications | Utility Patents
Applying for Patents | Patent Office Actions | Patent Maintenance
When inventors refer to patents, they are most often referring to utility patents. A utility patent is a type of patent that protects the creation of a new or improved - and useful - product, process or machine. This is different from a design patent, which simply protects an ornamental design on an object. The first person to file a patent application is generally considered the inventor, and therefore, it is important to file a patent application as soon as possible once an invention is complete.
To qualify for a utility patent, an invention typically falls within one of the following:
• Machines
Inventions composed of moving parts, for example an engine or a computer.
• Articles of Manufacture
Inventions that are useful items with few or no moving parts, such as a broom or a screwdriver.
• Processes
Inventions that are step-wise methods, such as business methods or software.
• Compositions of Matter
Inventions that include compounds and mixtures, for example pharmaceuticals.
A utility patent can be an extremely valuable asset. A utility patent provides the inventor with the exclusive right to prevent others from making, using, selling or importing the patented invention. As such, utility patents provide inventors exclusive commercial rights to produce and utilize the latest technology.
Once a patent application is filed, an inventor may label the invention "patent pending" thereby placing potential patent infringers on notice. If a patent is subsequently granted, an inventor may seek royalty payments from any person or business entity that made, used or sold the invention while the application was "pending".
A utility patent provides protection from 20 years from the date the patent is granted.
The owner of a utility patent is responsible for paying periodic fees to the U.S. Patent and Trademark Office in order to keep the patent granted. The patent maintenance fees are required at the 4th, 8th and 12th anniversary from the date the patent is granted. If a patent maintenance fee is not paid on time, the patent will be abandoned.
Disclaimer: Trademarks On Call is not a law firm or a substitute for an attorney or a law firm. Trademarks On Call does not provide legal advice. The information provided on this website is for informational purposes only and does not constitute legal advice.
