Utility Patent vs. Design Patent

Hello all:

When most people think of a patent, they think of a utility patent. Utility patents protect new, useful and nonobvious products and processes. For example, Thomas Edison (who died 75 years ago) developed numerous inventions that were new, useful and nonobvious.

However, in the United States we have another type of patent, a design patent. A design patent protects the ornamental features of an invention. In other words, the design patent protects what the invention looks like. Although design patents are typically much narrower in scope than utility patents, they can still have value. A design patent can prevent someone from making a device that looks like the patented object. Sometimes that's enough to have a competitive advantage.

Design patents are not available in all countries. For example, in Europe they do not exist. I think that is unfortunate. I recently read an article about an inventor in Europe that was rejected over and over for his bag handle (see story). The inventor was convinced this was a big improvement over previous handles but the European Patent Office found (and was confirmed on Appeal) that the invention was not patentable. Although I am not familiar with the prior art in this case, it probably would've been better to go for a design patent.

More information about types of patents can be found here. If you are trying to decide which type of patent is best for you, you may want to contact a registered patent attorney.

Keep inventing!

Raymond

Don't get scammed by Invention Promoters

Hello Inventors:

It is not uncommon for inventors to contact me (a patent attorney) about patent protection after an initial interview with an invention promoter. It appears that many invention promoters are recommending inventors file a disclosure document with the USPTO for patent protection.

I do not support the disclosure document program. Instead, I support the filing of a utility or provisional patent application.

The next question I am frequently asked is whether I have any experience with the organization. I frequently do not. However, I typically advise inventors to be very careful when dealing with internet invention promotors. Sometimes these groups are believed to be preying on the dreams of inventors. Here is a warning from the Federal Trade Commission (FTC).

So how do you keep from getting scammed?

One way is to research the invention promoter.

The United States Patent and Trademark Office provides a public forum to post complaints against invention promotion groups. A list of complaints against invention promoters can be found here.

Another resource is the FTC itself. Here is a searchable link.

Another way to prevent getting scammed is to simply ask questions.

Under the American Inventor Protection Act (1999) the invention promoter firm must disclose:
How many inventions have been evaluated by the group;
How many inventors have contracted with the group;
How many inventors have received a net financial profit; and
How many inventors have had their inventions licensed.

Above all, the best way to protect an invention is to talk to a licensed patent attorney.

Keep Inventing!

Raymond