Differences Between a Patent and a Utility Model

Before discussing the patent phenomenon, it is necessary to define what an invention is. In a simple definition, invention means ‘the method obtained at the end of each stage when solving a technical problem, or the ideas that lead to the formation of the products that result from this method, and the development of something that has not been found before, with the effort of human thought’. In other words, it is possible to define the invention as new technical solutions related to the solution of a certain problem in the field of technology.

A patent, on the other hand, is a document granted by a public institution to the owner of an industrially applicable invention, which gives the right to prevent the use of this invention by others for a certain period of time without their consent. This document gives the right holder the right to prevent the production, use, sale and import of the invention by others for a certain period of time. The protection of inventions is national, it is only protected according to the legal regulations of the country of application As explained in details on how to patent an idea with InventHelp article.

In the legal regulations of all countries, 3 basic conditions for inventions to be protected by patent; The features of being new, containing an inventive step (exceeding the state of the known technique) and being applicable to the industrial sector are sought. Innovation means that it has not been explained in writing, verbally or by application by others before the application is made. The criterion for exceeding the known state of the technique is ‘the quality that an expert in the subject cannot easily think and put into practice’. Applicability to the industrial sector, the fact that the invention is practical rather than purely theoretical. Inventions meeting these three criteria are protected by patents.

The utility model, on the other hand, can be defined as ‘the granting of the right to produce and market the product subject to this invention for a period of 10 years to the owners of inventions that are new in USA and in the world and can be applied to the industrial sector’. Although it varies according to the laws of the countries, inventions; It can be protected for 20 years with a patent and 10 years with a utility model certificate. The protection period of patent and utility model documents cannot be extended.

However, if a request for examination is made within 7 years from the date of application for a patent granted without examination, the system with examination may be switched and if the result of examination is positive, the protection period is extended to 20 years. For more detailed explanation you can refer to how do you patent an idea with InventHelp post.

When the patent and utility model are compared:

  • In the utility model, the criterion of exceeding the state of the art is not sought,
  • Protection times are different,
  • No additional utility model certificate is given to the utility model certificate.
  • Due to the lack of research and examination processes, granting a utility model certificate is more convenient in terms of both time and expense compared to granting patents.

What’s the First Step in the Patent Process?

Invention protection and provisional patent applications are two important elements that is, the process of taking your idea through the patent process. But the patent process involves much more than this as you can read from https://www.companionlink.com/blog/2021/12/the-benefits-of-patent-services-from-inventhelp-experts/.

Documentation: Whenever you come up with a new idea or invention, you want to get a “date” attached to it immediately. Write out the general concept of your invention. Take the paper to a Notary Public.

Notary Public: Explain to the Notary that you have a description of a new idea and you need to get a date associated with it. Usually, the Notary will ask you to sign and date the paper and then they will witness this procedure.

Invention Protection: The reason for documenting your invention is to avoid conflicts with someone who may come up with it later. Once it’s notarized, keep the original document in a safe place with all notes and drawings you may have. It’s a good idea to keep a diary on your project.

The Provisional Patent Application – An Ideal Program for Your Invention

For many people, Provisional Patent Application is the most cost-effective method to explore commercial opportunity for their invention. You don’t have to spend thousands of dollars on a non-provisional patent application to see if a manufacturer has an interest in your idea.

Provisional Patent Applications allows for refinement and/or improvement, as well as for one year of invention protection. Almost every invented new product evolves during the patent process. If you file for a utility patent right away and refinements or improvements come about, you cannot add this information to the utility patent application without filing a new application called a Continuation-In-Part as explained on – How to get a patent with InventHelp article.

Patent Law Can Protect You if You Inventing Something

Before patents were introduced, there was a high risk of someone freely making use of your invention to make a living and this discouraged many bright minds from coming up with inventions. As a way to motivate and protect the interests of inventors, the patent law was established. Since the establishment of patent laws, there has been a drastic increase in inventions. With patent law, no one can use your invention for money gains without signing an agreement with you.

A patent refers to a legal manuscript that provides protection to an invention against use, copy or similar manufacture by another person or inventor without the consent of the inventor. A patent protects the invention rights of the inventor. The protection does not last forever, but different inventions have different protection periods. Upon expiry of patent, the invention can no longer be protected. Three main categories of patents exist. There are utility patents, design patents and plant patents as you can see from https://www.harlemworldmagazine.com/why-inventhelp-is-such-a-valuable-resource-for-inventors/.

Utility patents offer protection to machine inventions, process inventions as well as inventions in biological and chemical composition matter. Design patents offer protection to aesthetic innovations and ornamental designs while plant patents protect the rights of new plant discoverers through asexual reproduction.

The patent that is most applied as well as granted is the first category-utility patent. This patent lasts for twenty years beginning from the date of application. The remaining two categories of patents are not as common as utility patent. Design patents have a lifespan of 14 years while plant patents have a lifespan of 20 years. Only the inventor can place an application for patent.

Patent law came into being to protect the rights of inventors as well as encourage continued innovations. Patent is an extremely complex field and hence inventors are advised to seek the help of patent agencies, such as InventHelp, or lawyers before placing applications for patent.

The Timeline Of The Patent Process

There are main steps in the patent process the patent search, and the patent application. Each of these steps has a distinct purpose and role in the patent process.

You may not have seen your invention sale in stores, or in use by the general public. Nonetheless, someone may have already patented your idea. And this happens more often than you might think. The purpose of the patent search is to make sure that your idea hasn’t already been invented.

A patent search allows you to see what patents are already out there, relating to your invention. These patents are commonly referred to as “prior art”. Since patent searches are relatively cheap, and patent applications are relatively expensive, it is to your advantage to perform a patent search before you file for a patent. Such a search can also give you a stronger patent, by helping you distinguish your invention from the patents that turn up in your search of the prior art. There are agencies, such as Invent Help that could help and you can find more information about InventHelp here.

The purpose of your patent application is to describe your invention. Once you have filed a patent application with the United States Patent Office you have a “Patent Pending”.

Your patent application will contain a series of “claims”, each of which is a single sentence that describes that which you feel are the patentable features of your invention.

For example, say you invented a voice activated telephone dialer. It allows you to say the name of the person you want to call, and your telephone will automatically dial that number.

One of your claims may look something like this:

A voice activated telephone comprising:

A voice receiver for receiving a voice command, a translator for translating the voice command to a numerical input, and a dialer for automatically dialing the numerical input.
Your application must provide the background, details and drawing to support the description of your invention given in the claims.

Once you have a “Patent Pending” it is assigned to an examiner at the Patent Office. The examiner will perform her own search of U.S. Patents based on the claims of your application. The examiner will then issue an “Office Action” indicating whether your patent was allowed or rejected.

If your patent was allowed, then your application may issue into a United States Patent. If your patent was rejected, you can amend your claims and resubmit them to the examiner.

For example, if the examiner has found a patent that shows your voice activated telephone, but does not show the specially designed computer chip that you used, you can amend your claim, above, to include this specially designed computer chip.

As you can see, if you have performed a patent search before applying for a patent, you will be able to prepare much better claims, and have a better chance of receiving a patent. Again, InventHelp patenting agency can help.

Once your patent has been allowed, you will have to pay an “issuance fee” to the United States Patent & Trademark Office. You will then be granted the right to prevent others from making using and selling your patent, for twenty years from the date that the patent was initially filed. Over the course of this period, you will periodically have to pay “maintenance fees” to maintain your patent rights.

Patent Registration Is Very Valuable

A valuable idea is always the most valued possession of a person and if the idea has got the potential to bring some commercial benefits then it becomes necessary to preserve it. The concept of ownership is same for all the countries as every single person with a valuable idea or invention wants to own it so that no other person can claim it later.

All we need to do to claim an ownership is to adopt a legal way about it. The best way to secure protection for our ideas is to get a patent or secure a trademark for the product related to it. Patent trademarks cover the identifier who comes up with a new idea or invention. The person who secures the patent for a product gets the right to sell it for getting financial profits and you can read more about it from this step by step guide for inventors.

However the first step to get the patent is to get a patent application and do the patent registration. Many of us harbor this wrong notion that we can secure the patent simply by applying for it. But the first step in order to get a patent is to go for the patent registration. It is only after we register our ideas for patent, the whole process starts underway. The officials related do a thorough check up of the documents before they award the patent.

A patent trademark is a name, symbol, design or a symbol which differentiates one product from the other. They extend legal protection to a person who has created concept so that no other person or group can claim the ownership of that concept. A trademark adds to the market value of a product as they are synonymous to the brand value of the product.

The more popular a trademark is, the more people will tend to buy that good. Hence a trademark helps to increase the commercial viability of a particular good. However one must not get confused as patents and trademarks are two different legal tools with the same fundamental motive as described in the article on https://www.iedunote.com/just-starting-out-as-an-inventor-inventhelp-is-everything-you-need.

But whatever the difference may be, one must go for the patent registration of the product the moment we come up with any new idea or concept. After patent registration, we can use the term ‘patent pending’ to imply that the given product is registered for a patent. This allows us to start the production immediately without worrying.

How to find a good lawyer

You can ask a lawyer directly what type of law they practice or you can choose to visit a website and this will often give you all of the information that you want. You will be able to find out more about any attorney through their website or through local directories as this law firm profile on Dlook, and this can help you to get to know this attorney before you even meet them.

Word of mouth can be a great way to seek out the right attorney. If you have a friend that has worked with an attorney, they may be able to recommend someone. This can help you to find an attorney that someone you know has used and this can give you some great insight. If you have an attorney that you use for other specialties, this attorney may be able to recommend a criminal lawyer that you can work with.

You might consider a public defender, but you should consider the workload of many public defenders before you make this decision. With so many budget constraints occurring in many counties, public defenders have a larger workload than ever before. This means that the person appointed to represent you may only have very little time to work on your case.

Many lawyers offer a free consultation and meeting them in person and speaking to them for a while can help you get to know them better. This can help you to decide which attorney has the time and knowledge to represent you the best. Choosing a seasoned attorney can help you to find someone with the right experience to represent you and this can provide you with a better outcome also.

If you have been charged with a crime, you will want to begin seeking out a criminal lawyer right away. This can give you the time to begin preparing your case and this can help to give you some peace while you are waiting. A lawyer may be able to prepare you for the future and this can help you to truly understand what you are facing with your particular charge.