Q: Two questions: I have come up with a device and have the detailed drawings for it. Now I want to try to patent it. How do I go about doing that?
J.S., Rancho Palos Verdes
A: Patent law allows you to patent an invention, machine, process, plant or design. Once (or if) you have determined that your device can be protected by a patent, you will then decide what type of patent you need.
There are different kinds of patents. I believe the two most common are a utility patent, which protects new inventions, machines, processes, compositions of matters, article of manufacture, and any improvement on these items; and a design patent, which protects the aesthetic or the appearance of an invention. There can be an invention that qualifies for both of these kinds of patents, in which event you may file for both.
Note that the utility patent protects how your invention works or functions, whereas the design patent protects the appearance of your device.
The threshold issue: If you are going to seek to patent a device with the United States Patent & Trademark Office (whose website is online), you have to present a novel invention. This “novelty” requirement means your invention is different from anything that has ever been patented before and different from anything that has even been publicly disclosed.
Research indicates that if you have something that is patentable, you must file the application within 12 months of publicly disclosing your invention, or from the date you offered it for sale. Note that a part of your due diligence should be to research whether any one has ever patented the device you are pursuing, or has already disclosed it to the public.
Patent law is a specialty. It is not uncommon for a patent lawyer to be an engineer or have a good working knowledge of the engineering field. I would be remiss if I did not encourage you to consult with (if not retain) a patent law specialist.
I also have not mentioned a provisional patent, which you may…
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