資料來源: CtR 智群知識產權事務所
According to the United States patent law, inventors can secure and protect their rights to their works by applying for a patent. The United States Patent and Trademark Office (USPTO) classifies patents into four different types and an inventor can apply for one or two patents, such as a utility patent and provisional patent.
When people think of a patent, it’s most likely that they are referring to or thinking of a utility patent. Keep in mind that a utility patent is a lengthy technical document with details about the use of a new machine, system, or process. The document can contain descriptions, drawings and images of the invention, a must for its registration.
Congress defines the kinds of inventions covered by utility patents. But with Internet-delivered software, the Internet of Things, and genetic engineering, among other emerging technologies, the definition is being challenged.
Under the patent law, an inventor can file a less formal document as proof that he was in possession of the invention and he had sufficient knowledge of how to make it work (i.e., the utility requirement). This is known as a provisional patent, which goes hand in hand with a utility patent.
Let’s say that you filed a provisional patent for your invention. When it’s on file, your patent is considered as pending and you have the applicable property rights to your invention. You should file a formal utility patent within one year from filing the provisional patent.
The design patent doesn’t need to meet the utility requirement since it protects decorative design on a utilitarian item. The typical design patent document consists almost entirely of drawings or pictures with a few words and, thus, these are notoriously difficult to search on the USPTO database.
This can be applied for a wide range of ideas and items. These include the design for shoes, the shape of a designer bottle, and even user interfaces.
A plant patent is obviously designed to protect new types of plants that have been produced through non-sexual methods, such as cuttings. Emphasis must be made that it generally covers conventional horticulture and not genetically modified organisms (GMOs).
You don’t have to be limited to filing a single patent on an invention. You can actually file two patents for a single item!
You may file a provisional patent on your invention so you have one year to decide when and how to file its related utility patent. In doing so, you’re expanding patent protection and mitigating your risk of another person claiming the same or similar invention.
Regardless of the type of patent you chose, your main goal is to protect your invention from infringement by others. You will then have a higher chance of getting a good return on your investment once you start profiting from your invention.