How many times have you seen the phrase "Patent Pending" on a product? Chances are, you've seen that phrase a lot, and perhaps you've also seen products that have patent # on them. Well, have you ever wondered what it takes to get "Patent Pending" status? Or what the patent process entails? If so, here is a brief overview of the process:
PATENTS
There are two main types of applications:
- Utility applications: 20-year patent term for devices and methods.
- Provisional application: this gives you 1-year of "Patent Pending" status, which allows you to protect your idea quickly, and with little overhead and risk, so that you can test the market and make sure your idea is worth pursuing.
- Non-provisional application: this is the main patent application that will eventually lead to either a granted patent or being officially denied one. This application usually takes about 3 years to complete. When people talk about filing for a patent, this is usually the application they are referencing.
- Design Patents: 14-year term for ornamental designs. This patent does not cover any functional aspects, so its use is limited.
The America Invents Act, which was made effective last year, changed the U.S. patent laws significantly. One of these changes made the U.S. a first-to-file country instead of a first-to-invent. In other words, it's a race to the patent office!
If you've got an idea, or would simply like to know more about the patent process, feel free to call or email us for a free consultation.
Robert A. Gurr
Patent Attorney
Gurr & Brande, PLLC
(435) 634-8854
