Every inventor, entrepreneur, and company needs protection to prevent their unique ideas and intellectual property being copied by the competition. Applying for a patent in the United States is a smart move, and it starts by applying for a patent with the United States Trademark and Patent Office.
This valuable protection keeps others from copying your invention for 20 years. You can start with a provisional patent, which is a placeholder patent, so you do not need to worry that someone will use your idea. A provisional patent will extent the life of the patent by 1 year.
What Happens If You Don’t Have a Patent?
Patent attorneys can tell you what can happen if you don’t have a patent. Without one, your competitors could take advantage of and use your invention without your permission. This would result in reduced market share, among other things.
You would be limited in licensing, selling, or transferring your innovation without a patented invention. Someone else could potentially also patent your idea first. This is why filing a provisional patent application with the patent and trademark office is helpful, allowing you to block any copycats while you finalize funding or the final touches on your invention.
What Are the Three Types of Patents?
The United States patent office allows you to file three different types of patents – utility patents, design patents, and plant patents. You may find it helpful to discuss patents with a patent lawyer to help you figure out which one will best protect your invention.
Utility Patents
Utility patents apply to any invention, new discovery, or an improvement of any useful process, machine, product, or item already in existence. A utility patent would be ideal for the creation of a new machine, such as a computer or appliance.
Design Patents
A design patent is used for new ornamental designs. This is common for jewelry, clothing, or furniture. It only serves to protect the appearance of an item rather than any functional or structural features.
Plant Patents
As the name suggests, a plant patent pertains to varieties of plants. If you discovered or bred a new type of plant variety, you should obtain a plant patent.
Steps to Get a Patent and Patent Costs
Before you apply for a patent to become a patent owner, you need to first make sure that the intellectual property is original. In some cases, inventors find out that the idea they had is already patented.
Once you conduct a patent search and confirm that your intellectual property is original and there are no patents on anything similar, you can apply for patent protection. You will need to create a document that contains all the specifications and detailed drawings of your invention. You must also swear that to your knowledge, you are the first inventor of this innovation and pay the applicable fees.
Since the fees are often subject to annual changes, you may want more guidance for protecting innovative ideas through patents. A patent lawyer at Tucker Law can lead the way through the complicated patent law process.
