How to Patent

Recommended Patent Agent

Claimery recommends that you work with a patent agent to maximize your chances of having your patent approved.

Quick Patents has a proven track record of working with inventors to get their ideas protected by a patent. Claimery recommends Quick Patents as a patent agent.

Patent Search

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Design Patents

A design patent is a form of legal protection of the unique visual qualities of a manufactured item. A design patent may be granted if the product has a distinct configuration, distinct surface ornamentation or both. In other words, a design patent provides protection for the ornamental design of something that has a practical utility.

Benefits and Drawbacks of Design Patents

Benefits Drawbacks
Inexpensive (compared to Utility Patents) Protects "ornamental appearance" only, not "how it works" or utility aspects
Allows you to legally indicate "patent pending" after filed Only 15 year duration instead of 17-20 years with utility patent
Good for protecting items with ornamental or aesthetic appeal (i.e.., clothing, consumer electronics enclosures, sunglasses, etc.) Does not protect "how" the invention works
Filing fees are less expensive than utility patent Drawings more expensive ($125/sheet vs. $100) because they're more detailed
More likely to be granted than utility patents (~95% vs ~50%) Only covers one design, not multiple designs of the same product.
Unlikely to be initially rejected by the PTO (95% allowance rate)  
Tyipcally granted in about one year instead of two-to-three years  

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Utility Patents

A utility patent is a patent that covers the creation of a new or improved—and useful—product, process, or machine. A utility patent, also known as a “patent for invention,” prohibits other individuals or companies from making, using, or selling the invention without authorization. When most people refer to a patent, they are most likely referring to a utility patent.

Benefits and Drawbacks of Utility Patents

Benefits Drawbacks
Strongest protection Expensive... both preparation and filing fees are considerably more expensive than design patents. Further, prosecution costs are considerably higher because responding to office action rejectinos takes time and money to prepare, typically 2 to 3 years after filing.
20 year duration (from filing date) Requires three maintenance fees at 3.5, 7.5, and 11.5 years after issuance.
Excellent for protecting how an invention works, regardless of what it looks like Does not protect the ornamental appearance of the invention
Less Expensive drawings ($100/sheet vs. $125 with design patents) 95%+ initial rejection rate at PTO

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