When an individual or business is granted a Patent by the United States Patent and Trademark Office (USPTO) they are given unfettered access to the use of the invention. This gives them a monopoly over the invention and are able to sell, license, make, and use it. Each type of Patent has a different protection period. A Utility Patent is valid for up to 14 years, whereas a Design Patent, and Plant Patent are valid up to 20 years.
The type of Patent that you should apply for is based on the invention that you have created. The Utility Patent is the most common type of Patent that the USPTO issues each year. It protects an invention that has a new and useful process, a machine, a manufacture, or a composition of matter.
A Design Patent can be issued when a new, original, and ornamental design is embodied in or applied to an article that is of manufacture. While the current protection period on this type of Patent is valid for up to 14 years, there is talk of changing this period in the near future.
We are also well versed in helping clients obtain Plant Patents. These type of Patents are generally used in the agricultural fields and protect new and distinct, invented or discovered asexually reproduced plants. This could include the following; hybrids, mutants, cultivated sports, and newly found seedlings.
Intellectual Property law can be very complex. Our Palm Beach Gardens Patent Lawyers only practice in this area of law and are qualified to help you with all of your Patent needs. We are available by appointment in our Palm Beach Gardens office during normal business hours.