Patent Law Expertise

The most common type of patent covers processes, machines, articles of manufacture, physical or chemical compositions of matter, or any unique and valuable improvements. A utility patent is valid for twenty years from the filing date of the patent application.

A design patent protects the cosmetic features of a creation, whether it is a physical object or a graphical user interface on a computer display. The design patent is valid for fifteen years from the date of grant of the registered patent.

A plant patent protects a distinctive asexually reproduced type of plant. The plant patent is valid for twenty years from the application’s filing date.

A provisional patent application acts as a placeholder for a utility application – it is a scaled-back application that grants a filing date and provides one year to complete a full non-provisional utility application. This allows time to determine marketability and seek licensing agreements before investing entirely into the patent process. However, a provisional application does not lead directly to a granted patent, and if a non-provisional application is not filed within one year, the provisional will expire.

Inventors may protect their inventions overseas in two ways: First, applicants can file directly in a foreign patent office. In most cases, if it is filed within one year of a corresponding US application, the foreign application will be treated as if it was filed the same day as the US application. Second, applicants can file what is known as an international or “PCT” application, which is placed on record at the World Intellectual Property Office in Geneva, Switzerland. International applications do not lead directly to granted patents, but they provide a streamlined procedure that makes it easier and cheaper to file applications in multiple foreign countries.