Patentability Search and Patent Applications

Before you decide to pursue your idea, you should be confident that a market exists for you new idea that is at least large enough to cover your investment costs and hopefully, significantly larger than that.

Determining Patentability

It is advisable to have a patentability search conducted before you invest time or money in a new project idea. If cost is a factor initially, you can conduct a free preliminary patent search on the Internet. However, before a patent application is filed, a search should be conducted at the United States Patent and Trademark Office (USPTO).

Benefits of a Patentability Search and Opinion on Patentability

A patentability search reveals the closest “prior art”(i.e. the closest patents, published patent applications and other public information relevant to your idea). The opinion on patentability is prepared based on the closest prior art. It is possible to draft the broadest claims to which you are entitled based on the prior art and the prior art can also serve as a basis for refining your invention further. If a conflict is located, it may be possible to design around the prior art to avoid a conflict. It is all explained in details on how to apply for a patent with InventHelp article.

Provisional Patent Applications

A provisional patent application extends the deadline for filing a utility patent application by one year and it is less expensive to file than a utility patent application. A utility patent application must be filed however, within on year of filing the provisional patent application because the provisional application does not result in a patent.

Prior to preparing and filing a provisional patent application, it is advisable to have a patentability search conducted at the US Patent and Trademark Office.

Utility (Non-Provisional) Patent Applications

A utility patent (sometimes referred to as a non-provisional patent) protects the function of a device or method. The cost to prepare and file a utility patent application, including the filing costs to the US Government and drafting costs that can increase depending upon the complexity of the subject matter.

Prior to preparing and filing a utility patent application, it is advisable to have a patentability search conducted at the US Patent and Trademark Office.

Design Patent Applications

Design patents protect the ornamental features of an invention. Unlike a utility patent, a design patent does not protect functional features. For that reason, normally a utility patent is preferred. However, there are situations where the invention includes ornamental features that are significant and therefore deserve to be protected with a patent. Moreover, having a design patent allows you to mark your product and advertising with the the patented indication as you can read on how to patent a product with InventHelp blog post.

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