What Kind of Patent Do I Need?

There are three main types of patents and a variety of subcategories. The three main categories include utility patents, design patents, and plant patents.  Of the three, the most common is the utility patent.  The second most common is the design patent.  The two most commonly understood types of patents are provisional and nonprovisional patents when it comes to utility patents.  

A provisional patent is a type of utility patent. Often a provisional patent is filed at the early stage of developing an invention.  Provisional patents are less costly compared to non provisional patents.  They are less costly mainly because the United States Patent & Trademark Office never responds to an application and never analyzes the submitted material. A provisional patent application simply establishes a filing date. 

Benefits of provisional patents 

One of the major benefits of filing a provisional patent application is the extra year of patent protection it provides.  A traditional nonprovisional patent, when granted, establishes patent rights for twenty years.  A provisional patent establishes a patent pending right for one year. A nonprovisional patent may be filed before the one year end of patent pending status that the provisional patent provides.  Combined, the two together can provide a twenty-one year patent right. 

Once granted, an inventor can use a patent grant to keep others from practicing the invention.  A nonprovisional patent application is the type of application that can result in a patent grant.  Provisional patent applications cannot result in a patent grant and can only be referenced by future filed non provisional patents. 

Learn more about all of our patent services, here. 

We at Fargo Patent and Business Law have experience running businesses and understand business.  This unique trait can help bridge the gap between the needs of business and the demands of the legal system.  If you have a question, please don’t hesitate to reach out.

Fargo Patent & Business Law, PLLC – in**@fa************.com – 701-566-7571