Offers consulting on patent strategy, tactics and tasks helping you determine what type of patent best fits your innovation and can also offer insights into competitor patent portfolios.
- When the innovation of an invention is its aesthetic or its ergonomics, a Design Patent, which protects the way something looks, may be best. When the innovation of an invention is the solution to a practical problem, a Utility Patent, which protects a new or improved utility, may be best. In the case that the innovation offers a unique appearance in addition to new or improved function, it may be possible to obtain both a Design Patent and a Utility Patent.
- Since the patent process for a formal application can take 2-4 years, when further business decisions are dependent upon the outcome of a patent application it may be worthwhile to expedite the process so that the Patent Examiner will make a complete first review of the application within 6 months. If the technology will materially enhance the quality of the environment, contribute to the development of conservation of energy resources or contribute to countering terrorism, or if one of the inventors is over age 65, expediting the process does not require a USPTO fee.
- It may be possible to patent space around a competitor’s patent by considering their scope of protection. A published application that is in process may be reviewed to predict its patentability or determine whether there are known relevant references that may be cited against the application.
