A Legal Protection for Inventors- Patent Application

by Dyle Sten Writer

A patent is a type of property right that is granted to the inventor. It is for a limited period of time and forbids others from using, making or offering to sell the matter that is described and claimed by the applicant. It is issued by the United States Patent and Trademark Office. There are three types of patents- utility patent, design patent and plant patent. Ornamental designs for an article of manufacture are granted design patents. They are a type of industrial design rights such as jewelry, beverage containers, furniture and computer icons.

If a design has been claimed in a design patent, then even a substantially similar design cannot be made, copied, used or imported. There is no maintenance fees required and is valid for 14 years from the date of issue. Utilitarian features are not protected in this patent. As an invention has both ornamental and functional characteristics, an inventor can apply for both utility as well as design patent for the same invention. If a design is just surface ornamentation, it should be shown in the patent drawings. It consists of visual ornamental characteristics that are depicted in it.

Generally when people consider patent application, they think of utility patent which are issued for a product, an apparatus, a composition of matter or a process. Design patent application is an additional patent category. It relies upon drawings and so has only one claim. As it is directed towards ornamental design, the subject must be new. In order to qualify for design patent, no identical design must exist previously and must be original to satisfy the ornamental standard.

The inventor files a patent application in the USPTO in order to receive patent. The inventor requests grant of a patent for his invention described in the application. The application includes full description of the invention. In case there is any drawing, then it should also be added. Technological features of the invention should be mentioned briefly. You can file a legal or natural application. If there is more than one inventor, their names should also be included in the application. The minimum term of protection is 20 years and is granted after thorough interrogation and confirmation. You can file patent application with the help of electronic file system. Before submitting your patent application, it is better to take the guidance of a qualified attorney. A slight mistake or inadequate information can result in the rejection of the application.

The author is an experienced Content writer and publisher on the topics related to Design patent and Patent Application for more details please visit ThoughtsToPaper.com.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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