Locally Owned Since 2002 | Over 25 Years of Experience
At Bush Intellectual Property Law, we know how important it is to protect your innovations. That's why we work hard to obtain patents for individuals and businesses. We will guide you every step of the way through the patent application process. Please contact us if you would like to discuss our patent services.
Kenneth Bush is a registered patent attorney with over 25 years of intellectual property law experience. He has successfully obtained hundreds of patents on behalf of his clients.
Types of Patents
Utility patents are issued for processes, machines, manufactured articles, or compositions of matter, or improvements to any of these. There are two types of utility patent applications: provisional and non-provisional applications.
A provisional utility application is active for one year but will not issue as a patent. It serves to secure a filing date that can be relied upon by a later-filed non-provisional application for the invention disclosed in the provisional application.
A non-provisional utility application is substantively examined by the USPTO for patentability and is the type that issues as a patent. Utility patents are effective for 20 years from the earliest non-provisional application priority date with payment of periodic maintenance fees.
See examples of utility patents:
A design patent protects the ornamental design (e.g., external appearance) of an article of manufacture. A design patent is effective for 15 years from the issue date.
See examples of design patents:
The Patent Process
Although not required, it is typically preferable to perform a patent novelty search prior to preparing and filing a patent application. A patent novelty search looks for "prior art" that may prevent a patent from being allowed and thus provides useful information to assist in determining whether to proceed with the patent application process.
To obtain a patent on an invention in the United States, a patent application must be submitted to the US Patent & Trademark Office. The application must meet specific legal requirements and should properly capture the invention. Upon grant of a patent, the patent owner has the right to exclude others from making, using, selling, offering for sale, or importing the patented invention into the United States.
Bush Intellectual Property Law has successfully obtained hundreds of patents from the US Patent & Trademark Office on behalf of our clients. Please contact us if you would like to discuss our patent services.
The United States patent system is a "first inventor to file" system. Under this system, a patent is awarded to the first inventor to file a patent application for a patentable invention whether or not the inventor was, in fact, the first inventor of the invention. Consequently, it is preferable to file a patent application for an invention as soon as practicable to secure a filing date.
Patent applicants in the United States are given a 1-year grace period following public disclosure of an invention before they are required to file a patent application; however, it is typically preferable to file a patent application before making a public disclosure to avoid the risk of losing US patent rights.
Foreign patent applications can be filed that claim priority to a US patent application if the foreign applications are filed within specific time periods. Most foreign countries require the "absolute" novelty of an invention; thus, a patent application must be filed before the invention is publicly disclosed, or foreign patent rights may be lost.
Consequently, if there is a desire to seek patent protection in foreign countries, you should not publicly disclose the invention until a patent application has been filed.
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