Choosing a Design or Utility Patent
If you are interested in earning a patent there are a lot of things to understand before you begin. First the US Patent and Trademark Office (USPTO) makes a distinction between the type of patents it is asked to review. A design patent is a useful protection for how an invention looks, but a utility patent is considered more valuable because it protects the rights to the technical function of the invention.
Homework
When applying for a patent you must indicate which type of patent you desire up front. During the application process the merits of the invention are evaluated against other patents previously filed and works already in the public domain. Therefore it is essential that a comprehensive literature review of prior works be completed before submitting to the USPTO. Fourtuniately on-line search engines, like Google Scholar, now index previous patent applications. The USPTO also has previous patents available for view as well. Aside from competent design, determining what previous submissions exist is the next most important step in the patent application process. A patent attorney or other related service will provide this service; however, it is significantly cheaper to begin this process in house first. A patent attorney will conduct their own patent search, but providing them with a solid head start will improve their turn-around time resulting in a sooner application submission date.
Provisional Patents
A provisional patent, also known as a Patent Pending
is a helpful option to to ensure a speedy application. In patent law the first to submit an invention is awarded exclusive rights to for its ownership, there is no prize for second place.