An effective patent strategy is essential for safeguarding innovation and distinguishing oneself in the market. By protecting intellectual property and promoting a culture of innovation, businesses may establish a strong position in the industry. Organizations can protect their ideas by strategically obtaining patents and creating new avenues for growth and expansion. This conversation explores how a carefully designed patent strategy may significantly enhance business opportunities and help navigate the intricate nature of contemporary marketplaces.
At the Affordable Patent Agency, we recognize the importance of developing a powerful patent strategy in the constantly changing intellectual property environment. Our unwavering dedication to achieving the highest quality standards makes us a credible ally for inventors and businesses needing dependable guidance through the complex and time-consuming process of obtaining patents. As a committed partner, we are enthusiastic about examining the essential elements of a comprehensive patent filing service and demonstrating its transformative potential for innovators.
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Patent Strategy: Understanding
Intellectual Property Law
To develop a valuable and strategic patent portfolio, you must understand intellectual property law and the types of patents available to inventors and businesses. Developing a strategic patent portfolio is essential to ensure broad protection for your invention(s). You may need to employ one or more types of patent applications to build a valuable patent portfolio. USPTO offers three main application types: utility, design, and plant. You can use one or more patent applications to protect your innovation.Utility Patent Application
You can file a utility patent if you “invents or discovers any new and useful process, the machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent thereof.” You can use a utility patent with design patent applications, e.g., a car may have several utility and design patents. You can patent the process of car manufacture, several vehicular devices, the composition of metal alloy, etc. In addition, the car’s exterior, interior, wheel, etc., designs are patentable. For maximum innovation protection, you must understand patent application types. I will detail the differences between these patent applications and when to use them.
Provisional Patent Applications (PPAs)
- Design patent applications are never provisional.
- These are less formal patent applications with fewer document requirements.
- Low in cost.
- Quick filing to establish a priority date with the U.S. Patent and Trademark Office (USPTO).
- No claims are not required.
- No review by an examiner.
- They are valid for 12 months.
- You must convert it into a utility non-provisional patent application within 12 months. Otherwise, the application will be abandoned after 12 months.
- The primary purpose is to establish the earliest priority date. Under the current first-to-file rules, it can enhance your chances of a patent grant.
- It gives you the best chance of a grant when competitors may have the same or similar inventions, but you have the earlier priority date.
- One significant advantage is that you can better develop your product and collect more experimental data during the 12 months. You can draft a more comprehensive nonprovisional application using this gathered information and data.
- You can get a “Patent Pending” status for your product for a limited time of 12 months.
Non-Provisional Application
- This utility application requires a formal application format and document requirements. It must follow a specific layout.
- It requires claims that establish the boundaries of your intellectual property.
- If issued, it lasts for 20 years from the first date of filing.
- They will be published 18 months from the priority filing date.
- It costs more money for both the USPTO and attorney’s fees (the patent attorneys for drafting is generally $7K-$20K). Our costs are lower and affordable.
- Specific sections include the abstract, figures, background, summary, specification, and claims.
Divisional, Continuation, Continuation-In-Part Applications
The inventors can file modified original patent applications, yet they can keep the valuable priority filing date. Modified original patents are Continuation, CIP, and Divisional applications. Due to the first-to-file rule, the ability to claim an earlier priority filing date is hugely advantageous. It is the most beneficial resource available to develop a valuable patent portfolio for inventors. The “parent” patent application is the original or the first filed nonprovisional application.
Divisional Application
- These consist of the unexamined filed initial claims due to the restriction requirements.
- When the Examiner considers the application contains more than one invention, he issues a restriction requirement. Claims corresponding to the second and subsequent inventions remain unexamined.
- It must contain the same disclosure (specification) without adding a new matter.
- It retains the priority date of the parent application.
- You must file this application before either issuance (approval) or abandonment of the parent patent application.
- At least one inventor must be the same in the new divisional and parent patent applications.
Continuation Application
- Continuation applications have the same disclosure as the parent patent application.
- The scope of the claims must not be identical to the parent patent, i.e., they can be broader or narrower compared to the parent patent.
- You can pursue canceled claims from the parent patent or file new claims.
- When you draft the claims for this application, it will be best to consider the Examiner’s arguments and recite prior art references in the parent application.
- You can file one or more continuation applications.
- At least one inventor must be the same in the new continuation application and parent patent applications.
- You must file this application before either issuance (approval) or abandonment of the parent patent application.
Continuation-in-part (CIP) Patent Application
- Any improvements in the invention disclosed in the parent patent application are filed as CIP.
- CIP can contain parts of the patent and new disclosures of the improvements that were not present in the parent application.
- Claims based on the new disclosure will have a priority date corresponding to the CIP filing date.
- Claims based solely on the parent application disclosure will get the priority date of the parent application.
- At least one inventor must be the same in the new CIP and parent patent applications.
- There are no rules about how much of the original parent patent application disclosure is present in the new CIP application. But there must be a clear link between the two applications to keep them within the same family.
- You must file this application before either issuance (approval) or abandonment of the parent patent application.
Design Patent Application
- A US design patent protects a manufactured article’s unique ornamental look.
- The manufactured article must have a utility, but the patent does not protect the utility. Filing a utility patent will cover the functional and other aspects of the article.
- Like a utility patent, the novel and obviousness requirements must be satisfied.
- Line drawings depict the ornamental design, and the solid lines represent the protected parts solely.
- The ornamental design must be visible when the article is in use.
Plant Patent Application
- The patentable plant must be invented or discovered in a cultivated state.
- The plant must be able to asexually reproduce. However, the portion of the plant that is utilized for asexual reproduction is not an edible tuber.
- The inventor must have invented the claimed plant, i.e., discovered, developed, identified, isolated, and asexually reproduced the plant.
- The plant is novel from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc.
- Like other inventions, the new plant must meet the nonobvious requirements.
Frequently Asked Questions
1. What Are the Patent Strategies?
Patent strategies are centered around technology and rely on and align with the business plan. Given that the primary goal of patent strategy is to align with broader company objectives, it is most effective when formulated in tandem with research initiatives and involves collaboration among business, technical, and legal personnel. A patent expert uses several patent types and jurisdictions to formulate the best patent strategy for your company’s specific needs.
2. How Do You Develop a Patent Strategy?
When developing a patent strategy, it is crucial to consider the unique position and circumstances of the firm. Nevertheless, it is feasible to outline several overarching factors. The main factor to examine is the entitlements you will acquire with an approved patent. It is a complex process requiring a patent attorney or a patent agent to develop the strategy.
3. What is the Most Common Patent?
The most common patent is a utility patent. It is also referred to as “patents for invention.” Patents for novel and practical methods, devices, products, substances, or enhancements are granted.
Develop Your Patent Strategy With the
Affordable Patent Agency
Developing a patent portfolio is a complex and time-consuming process, so you should ensure you have all the necessary information and materials before you begin. You should consult a patent attorney or agent to discuss your options. Bela Malik is a proficient patent agent who adeptly develops a patent strategy with meticulousness and care. Contact us for a free initial consultation.
Affordable Patent Agency, LLC
4131 N. Central Expressway Suite 900, Dallas, TX 75204
(855) 444-1946
