Design Patent
A design patent protects the outside overall exterior shape. For example, the ornamental design of the device regardless of the function of it's internal mechanism. It is important that this design be unique. A design patent is in effect for 14 years from he date of issue and no maintenance fees are required.
Utility Patent
A utility patent protects a "new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof". Utility patents are two-fold. They consist of an idea and a way to carry out that idea. The way to carry out an idea you have conceived generally includes a machine, device or process. This is the physical form of your invention. You must be able to disclose every aspect of this portion, i.e. the operation, function, and results obtained by the machine, device, or process. These are the requirements of a utility patent application. Utility patents have an effective term of 20 years from the filing date minus the prosecution time in the Patent Office , provided maintenance fees are paid during the term of the patent. Prosecution of the case may take from 9 months to 1 year from the filing date.
Provisional Patents
A provisional patent application can be filed to obtain Patent Pending status and act as an early filing date for a non-provisional application to filed within one year of the its filing date. A provisional patent is an enabling disclosure under 35 USC 35 112 that establishes the patent pending status. The provisional application does not have claims or require formal drawings and therefore will cost substantially less that a regular patent. It is not examined by the PTO an can be converted to a non provisional application or as noted used as the bases for a early filing date for a new application filed within one year of its filing date . The new case must be based on the disclosure set forth in the provisional and can not add any new material ( new matter).
We can prepare and file a typical full provisional application for $2,500 including informal drawings plus filing fee ($130) on most inventions. This fee can then be applied towards a non-provisional application fee quote plus government filing fees of $730 / $400 and formal patent drawing cost ($175 per sheet), to be filed later.
Alternatively we can prepare and file just a basic enabling disclosure required for the provisional application, using your drawings for a flat fee of $1,000 and $130 government filing fee. This will also establish Patent Pending status and establish an early filing date as noted above.
A full provisional application from our office gives you a marketing tool that clearly describes your invention in patent terms and can be used to safely disclose your invention ot investors and companies.
Plant Patent
A plant patent is reserved for asexually produced plant varieties.
Maintenance Fees
Maintenance Fees on utility patents are due at 3.5, 7.5 and 11.5 years from the date of issues. Failure to pay the government fee on time will result in the cancellation of the patent.
