PatentEase
Introducing
the
only family of patent application products on the market today
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The three common patent application types
and which version of PatentEase to use...
Utility
Patent Applications
(use PatentEase
Deluxe)
A
utility patent is the usual type of patent and covers the unique
functionality of an invention. It requires a detailed description
of the invention,
including
the
structure
and
how it works. It also includes at least one claim -- the
legal definition of the invention. The claims of the patent are usually
not
limited
by details such as dimensions or even shapes and materials.
This results in broad claim coverage and, therefore, a valuable
patent. A utility
patent provides you with the strongest patent protection available
and is enforceable for up to 20 years from the filing date. Maintenance
fees are required every 4 years for the first 12 years after the patent
issues.
When your utility patent application has been filed, your product may be referred to as "patent pending." When the patent issues, you are advised to print the word "patented" on your packaging or stamped on your product itself. Organizations and people who are manufacturing the invention or product are encouraged to seek a utility patent in order to help prevent their competition from making and selling similar products. If you expect to license your invention, a utility patent is almost always required. This is because the licensee is generally not interested in paying you for rights to make and sell products if the competition is not prevented from entering the market with a similar product.
Provisional
Patent Applications
(use PatentEase
Provisional or PatentEase
Deluxe)
Filing
the usually-simpler provisional patent application (PPA) preserves
the inventor's right to
file a regular, or "non-provisional" utility patent application
(RPA) within one
year of filing the PPA. The provisional
patent application establishes its earlier filing date as the filing
date for your RPA that may well follow. Thus, the PPA may prevent
another party
from asserting
intervening rights if
the party files a patent application between the provisional and non-provisional
filing dates and that party has invented the same invention. You
must follow
your provisional patent application with a full non-provisional
patent application within one year -- or the PPA will become worthless.
Although the Patent and Trademark Office will accept a minimal description of the invention and very rough hand sketches of the drawings, you are strongly advised to make your provisional patent application as complete as possible, providing all of the standard parts of a regular patent application and even including at least one claim -- the legal definition of the invention -- with your provisional patent application. When your PPA has been filed, you may refer to your product as "patent pending." The filing fee for a provisional patent application is less than that of a non-provisional patent application. (The U.S. Patent and Trademark Office does not make the PPA available for design patent applications.)
Design Patent
Applications
(use PatentEase
Design or PatentEase Deluxe)
A
design patent covers the ornamental design (shape and surface materials)
of an
invention --- but not the functionality of the invention. To cover
the functionality, you must obtain a utility patent. A design patent
is enforceable
for up to 14 years after it issues and no maintenance fees are required
over the life of the patent. The filing and issue fees for a design
patent application are less than those of a utility patent.
When the design patent application has been filed, you may refer to your product as "patent pending" and when the patent issues you are encouraged to print the word "patented" on the packaging for the product or on the product itself. Organizations and people who are most likely to seek design patent protection are those who are manufacturing the invention or product and who do not intend to change the design of the product in the foreseeable future. Remember, a design patent does not provide protection regarding the functionality of your invention, but merely the shape, ornamentation and materials of the specific product you manufacture.
Brief summary of the different versions of PatentEase
PatentEase Deluxe You can do it all -- file applications for both utility and design patents, as well as, file provisional patent applications (PPA's).
PatentEase Provisional lets you file provisional patent applications which can be more simply and quickly prepared than full regular patent applications (though, by itself, a PPA will not result in a patent). The PPA will establish an earlier (possibly more protective) filing date for your later full utility patent application if filed within a year of the PPA.
PatentEase Design allows you to apply for design patents (only) without spending money on patent software you don't need, that is, not for utility and provisional patent application software.
It is important to understand the differences regarding the different types of patent applications, and, therefore, the PatentEase versions.
How to upgrade to PatentEase Deluxe from PatentEase Provisional or PatentEase Design