A provisional patent is a lower-cost and stripped-down first patent filing to secure a filing date for United States 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 provisional patent is attractive because:
A provisional patent is a lower-cost and stripped-down first patent filing to secure a filing date for United States patents.
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.
A provisional patent is attractive because:
A provisional patent is a lower-cost and stripped-down first patent filing to secure a filing date for United States patents.
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.
Like utility patents, the requirements of novelty and non-obviousness apply. Unlike utility patents, design patents protect an article's ornamental design and not its 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.
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.
® is the symbol for register trademarks.
™ is the symbol for unregistered trademarks.
A trademark registration lasts 10 years, provided you file an affidavit of use during year 5. A trademark registration can be renewed during year 10 and every tenth year after.
Yes, provided the mark meets the legal requirements for trademark registration - i) the mark identifies your brand as the source of particular goods or services; and ii) your mark will not cause confusion with a competing mark.
Yes! For example, Southwest Airlines owns a trademark registration in the DING! sound.
The government charges $250 to e-file an application for trademark registration in the US.
Yes - you can register an International trademark under the Madrid System.
Copyrights protect any original work of authorship fixed in a tangible medium.
According to the U.S. Copyright Office, a copyright “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture” - even the copy on this website!
Copyright protection runs for the life of the author plus 70 years.
The author’s copyright accrues when the work is created and fixed in a tangible medium. However, a copyright must be registered with the Copyright Office before the owner may sue infringers under the Copyright Act.
To register a copyright you need to submit:
The complete fee schedule is available here.
Copyright registration has a number of benefits. Registration establishes a fact record of your copyright memorialized by a certificate of registration. If registration occurs within five years of publication, registration is considered prima facie evidence in litigation, i.e. certain facts will be presumed unless and until the adverse party bears the burden of rebutting those facts. Additionally if you successfully prove copyright infringement in court you may be eligible for statutory damages AND attorney’s fees. Finally, the government fee for a copyright registration is inexpensive, especially in comparison to the government fee for patent and trademark applications. In sum, your small investment will more than pay for itself if you do have to enforce your rights pursuant to the Copyright Act. More information is available here.
The United States is a signatory to the Berne Convention – the international copyright treaty – and has eliminated the formal requirements, like filing an application for registration, to establish copyright rights. Accordingly, you can assert your copyright rights in Berne Convention jurisdictions with or without registering with the Copyright Office.