A patent is a set of exclusive rights granted by the government to an inventor for a defined period of time in exchange for the restriction of others making, using, offering for sale, or selling the patented invention in the United States. Patents are valid for 20 years from the date you file your application. There are three types of patents: utility patents, design patents, and plant patents. There are cases where a single invention needs to apply for two separate patents. For example, if the inventor would like to patent both the functional features and design of the object, the inventor would have to apply for two different patents.
A utility patent is the most common type of patent that people apply. It is defined by if an invention is useful as it can provide some kind of benefit and capable of use. This type of patent can also be obtained for the new improvements to existing processes, compositions of matter, machines, and manufactures. The processes are indicated by the methods of doing something. The compositions are the chemical compositions of the new improvement. Machine is anything that is categorized as a machine. Manufactures are items or goods that are made as a result of the patent.
A design patent is a form of legal protection given to the ornamental design of a functional item. Ornamental designs of beverage containers, mobile designs, jewelry, furniture are all examples of objects that are covered by design patents. The main component to get this patent is the design must be inseparable from the object. However, the design patent will only protect the item’s appearance. As a result, in order to protect the functional features, the inventor must also file for a utility patent.
A plant patent is an intellectual property right that protects a new and unique plant’s key characteristics from being copied, reproduced, sold, or used by others. The patent can help inventors receive higher profits during the time of the patent protection. There are a few requirements to receive this patent. The plant must be discovered in a cultivated area, must be asexually reproducible, and the plant is not a tuber (potato or Jerusalem artichoke)
Getting Legal Help in the Greater Beverly area
Obtaining a patent can be a very difficult process for most people understand without any experience in patent law. If you need help filing a patent application, you should contact the Law Offices of Daniel A. Tesler. We can help you drafting and filing a utility and design patent. We can also provide representation on patent amendments or patent appeals. Attorney Tesler is proud to serve Peabody, Salem, Danvers, and other areas in the Greater Beverly area.