Patents

A provisional patent is a low-cost mechanism to secure a filing date for a later non-provisional patent.  Since the United States is a first-to-file jurisdiction, it is critical to secure the earliest filing date possible for your patent.  Under U.S. patent law, a subsequently-filed non-provisional patent can claim the filing date of the provisional patent as long as the provisional patent is sufficiently detailed to support the claims of in the non-provisional patent disclosure. Provisional patents are not examined and serve only to preserve the filing date.

A provisional patent expires one year from its filing date. After filing, the USPTO will send official correspondence with the filing date.

The USPTO basic provisional patent filing fee of $280 is due at the time of filing.  Based on the 2019 survey of patent attorneys published by the American Intellectual Property Law Association, mean attorney fees for filing a provisional patent in the DC metropolitan area is $3500.  Accordingly, You should budget at least $3800 for filing a provisional patent application.

A utility patent allows its owner to stop competitors from making, using ,or selling the subject matter disclosed in the patent.

A utility patent gives its owner a monopoly over the subject matter of the patent for 20 years.  Patents help entrepreneurs make a profitable exit. Patent owners can also give competitors permission to use their invention via a paid license.

Design patents filed after May 13, 2015 last 15 years from the issue date. Utility patent last 20 years from the filing date.

The USPTO basic provisional patent filing fee of $280 is due at the time of filing.  Based on the 2019 survey of patent attorneys published by the American Intellectual Property Law Association, mean attorney fees for filing a provisional patent in the DC metropolitan area is $3500.  Accordingly, You should budget at least $3800 for filing a provisional patent application.

Pursuant to federal law, the inventor of “any new, original and ornamental design for an article of manufacture” is entitled to a design patent covering the invention.  
The requirements of:
1) novelty;  
2) non-obviousness are required for design patents the same as utility patents. 35 U.S.C. § 171.
Design patents can be distinguished because they cover only the articles ornamental design (rather than the article’s function).

A single claim. Patent claims define the scope of an invention. Utility patents have multiple claims. Design patents, by contrast, have only one claim. Note: different embodiments of a single design concept may be filed in one application. Thus, embodiments that simply scale a design up or down can be filed in a single design patent application.
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Drawings or photographs. The drawings are the critical component of a design patent since they comprise the complete visual description of the design.  Drawings must be in black ink on white paper absent special circumstances (see 37 CFR §1.84) .

A design patent is infringed if an ordinary observer would think that the accused design is substantially the same as the patented design when the two designs are compared in the context of the prior art. Egyptian Goddess, 543 F. 3d 665 (Fed. Cir. 2008). In 2008, a jury found that Samsung had infringed Apple’s design patent covering the iPhone and awarded Apple a staggering $296 million in damages. Thus, a design patent is a powerful tool and can indeed be a cornerstone of a well-conceived intellectual property portfolio.

According to the USPTO’s most up-to-date fee schedule, the total design patent filing fee is $760 for large entities, $380 for small entities and $190 for micro-entities.
Micro-entity filers get a 75% reduction in fees!  To qualify for the micro-entity certification, the applicant must meet the following requirements:

The term for a design patent is 15 years from the date that the design patent is granted. 35 U.S.C. §1 73. The term was changed from 14 years to 15 years in 2015. Note: after the patent term expires, it may be possible to obtain a trademark covering the trade dress of the article of manufacture. For example, Coca cola was granted Design Patent No. 48,160 covering the coke bottle shape in 1915. Coca cola later registered a trademark over the trade dress for the “coke bottle” in 1977. Although the legal requirements for registering a trademark covering a product’s trade dress are different, it is a mechanism for extending the life and scope of protection well beyond 15 years..

You should strongly consider applying for whatever non-provisional patent protection you can get, whether design, utility, or both! Design patents are perfect for inventions where the innovation is more in the design and less in the way the invention works. Not every patent application will be granted. Accordingly, before filing any application, we will help you determine: i) is your invention is eligible for a patent at all; and ii) does your invention solve a new problem or solve a known problem in a new way.

A design patent protects the ornamental features of an invention rather than inventive aspects of its function.

No. Non-provisional applications are published after18 months EXCEPT for design patents.

No - protect your brand by registering your logo on the Principal trademark Register instead.