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garbis law, llc
intellectual property law
patents
A patent grants an inventor a property right to exclude others from making, using, offering for sale, selling or importing the invention. There are three types of patents that the United States Patent and Trademark Office (USPTO) can issue:
- Utility Patents
- Design Patents
- Plant Patents
Utility Patents:
Utility patents protect how your invention works or functions. They can be granted for any “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
Design Patents:
Design patents protect the ornamental design of an article of manufacture as opposed to its functionality.
Although design patents are not considered as strong as utility patents which protect the functionality of an invention, they can be extremely valuable when filed in conjunction with a a utility patent, or even on their own. For example, if an invention has both a unique function and design (non-functional), both a utility and design patents may be obtained.
If on the other hand, the invention is not unique in function, but possesses a unique design, a design patent may still be in the picture to protect how it looks.
Plant Patents:
A plant patent may be granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant.
Plant patents cannot be granted for tuber propagated plants or plants found in an uncultivated state.
how can i help?
F.A.Q.
Please browse through some of the most commonly asked questions I receive about patents.
Is my entity the same as a trademark?
Non-Provisional vs. Provisional
Non-Provisional Patent Applications:
A non-provisional patent application is a patent application which will be examined after submission and has the ability to register as a patent if approved.
Provisional Patent Application:
A provisional patent application acts as a placeholder for a later filed non-provisional patent application. It will never be examined by the USPTO nor will it issue as a patent. It does, however, give you a year from its filing date to file a non-provisional application while still reaching back to the provisional filing date to claim priority over others.
Provisional applications are less expensive than non-provisional applications and give applicants the opportunity to assess the market prior to taking on the expense of a non-provisional patent application.
how long do patent rights last?
Utility and plant patents last 20 years from the date of filing. Design patents last 15 years from the date of issuance.
A patent is not enforceable until it actually issues and you cannot enforce it based on its filing date.
What is a priority date?
The priority date is the earliest date a patent application can reach back to. This date is important because it determines what prior art can be used against your invention during examination.
Do I need a patentability search?
A patentability search can help you determine if your invention may be patentable by looking for relevant prior art. Upon reviewing the results of that search, you will be able to make an informed decision as to whether or not you would like to procee with a patent application.
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