Patents create a property right that permits a patent owner to stop others from making, using, selling, or importing products containing the claimed invention.
Patents within the U.S. come in two types: utility patents and design patents. Utility patents protect function, and design patents protect form.
Utility Patents
Utility patents are more common, and are what one first thinks of after hearing the word “Patented.” Utility patents may protect a machine, electronics, a method of manufacture, a composition of matter, or computer software in the form of a method executed by a machine.
Drafting a utility patent requires an understanding of the technology, the current state of the law, and an ability to explain the invention and its unique features. A high-quality patent application is a story that explains an invention to the reader, while using clear, but broad, language. This requirement is complicated by the many readers: the client, the patent examiner, a judge, a jury, a potential buyer or licensee, or other attorneys.
After the application is filed, a patent application commonly includes prosecution, or the process of negotiating with the patent examiner. A skillful attorney or agent can reach an agreement with the patent examiner while surrendering as little scope as possible, and without becoming adversarial.
Ideally the prosecution results in issuance of the application as a patent. The patent then lasts twenty years from the date of filing, provided that the required maintenance fees are paid.
When the patent examiner refuses to allow the application to issue, a patent appeal may be filed. Larson & Larson has experience with the patent appeals process and is standing by to advise clients when necessary.
Design Patents
Design patents are less common than utility patents, but depending on the invention, may be more valuable. A design patent protects the form—the ornamental appearance—of an invention. Design patents are commonly used to protect the shape of consumer products, such as mobile phones, computer mice, sports equipment, promotional products, or electronics accessories. But design patents also have a place in protecting medical products, industrial products, packaging design, or other less-traditional applications.
A design patent has a term of fifteen years from the date of issuance, and no maintenance fees are required.