Patent Application
What is a child patent application? Continuation and divisional patent applications
A child patent application is a follow up of a previously filed patent application. The previously filed application is called the parent, whereas the later filed application is called the child. The child application is used to ask the Patent Office for a patent that covers a different variation of the invention, or a patent that provides stronger coverage than the parent.
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Featured, Patent Application
US Patent Office Extends Some Due Dates to September 30, 2020 & Waives Patent Revival Fee for COVID-19 Coronavirus Affected Inventors
There are two patent reliefs for those affected by COVID-19:
1) Pay certain fees late by September 30, 2020, without additional fee
2) Revive a patent application that has been abandoned, without additional fee
Featured, Patent Application
US Patent Office Allows Late Filing of a Non-Provisional Patent Application After Provisional Patent Application Expiration, for COVID-19 Coronavirus Affected Inventors
You can now file a non-provisional patent application after your provisional patent application has expired, by July 31, 2020 or within 2 months from when your provisional patent application expired, if you have been affected by COVID-19.
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Once you show your invention to the public, you must file a patent application within 12 months or lose the ability to get a patent for your own invention.
So your patent application is filed, what can you expect next from the US Patent Office? Read on to learn about informality, restriction, rejection, and allowance.
Patent Application, Provisional Patent Application
Provisional Patent Application Expired, What to Do?
If your provisional patent application has expired after 1 year and you have not yet filed a full non-provisional patent application, you may be able to file the full non-provisional patent application late, or file a new provisional patent application.
Patent Application, Provisional Patent Application
How Long Does a Provisional Patent Application Last?
A provisional patent application lasts for 1 year from the day it is filed. This means you have 1 year to followup and file a non-provisional patent application. But what if the provisional patent application ends on a weekend or holiday? What if you missed the expiration date and didn’t file a full non-provisional patent application?
Patent Application, Provisional Patent Application
Does a Provisional Patent Application Protect Me Internationally?
Yes, a U.S. provisional patent application is recognized by most international countries. You can file a patent application in most foreign countries and that foreign patent application can use the filing date of your U.S. provisional patent application. However, you must file the foreign patent application within 12 months of when you filed the U.S. provisional patent application. Which countries recognize the U.S. Provisional Patent Application? Read on.
Design Patent Application, Patent Application, Utility Patent Application
Utility Patent or Design Patent
|
Utility Patent |
Design Patent |
| Protects how the invention works. | Protects the shape of the invention only. |
| Can stop someone from making the invention, regardless of the invention’s shape. | Does not stop someone from making the invention if they make it with a different exterior shape. |
| Must explain how the invention works and how it is put together. | Cannot explain how the invention works and how it is put together. |
A utility patent and a design patent are not mutually exclusive, which means you don’t choose one or the other. You can and may need both as they protect different aspects of an invention.
To properly write a provisional patent application, it should have 1) a complete description of how the invention works and 2) a set of technical drawings that help explain how the invention works. The key concept is that a provisional patent application must fully describe how the invention works, including the components that make up the invention and how the components are arranged. If any portion of the invention is not clearly described, it is not protected!