Patenting and USPTO Patent Applications - What is a patent? What kinds of patents are there? What is the USPTO?
Some people may confuse patents, copyrights, and trademarks. Although there may be some similarities, they are different and serve different purposes. Read What Do I Need? or Understanding Intellectual Property if you need to understand the differences better. Patents and trademarks are both issued by the USPTO.The Three Different Types of Patents Issued By The USPTO
Utility patents may be granted to anyone who invents a useful process, a machine, an article of manufacture, or a composition of matter. Examples: fiber optics, computer hardware, or medications. Utility patent can be provisional or non-provisional. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Examples: the look of an athletic shoe, a bicycle helmet, and the Star Wars characters. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Examples: Hybrid tea roses, Silver Queen corn, Better Boy tomatoesUtility patents
Utility patents are for either a: process, machine, article of manufacture, composition of matter or an improvement of any of the above. Patent protection is also available for (1) ornamental design of an article of manufacture (design patent) or (2) asexually reproduced plant varieties by design and plant patents (plant patent).is my idea patentable
Have you ever had an idea for some gadget to make life easier and wondered if it had been invented yet? Ever thought about selling your invention and needed to know if someone already beat you to it? One way to find these answers is to look for patents on similar gadgets and determine whether your invention is unique.You Can't Be Too Obvious
Even if you don't find the prior art to prove it - you will not get a patent if your invention is not different enough from similiar inventions that are already out there. A patent maybe refused if the differences between your invention and another invention are too obvious. Your invention must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to your invention . For example, the substitution of one material for another, or changes in size, are ordinarily not patentable. You can't paint it red and make it twice as big and expect a patent. Another example of "nonobvious to a person having ordinary skill in the area of technology related to your invention" could be the following. An electronics engineer looks at a circuit board and observes that it is just like another circuit board except that a few parts are substituted. Someone who is not familiar with circuit boards may not understand that the two boards are very similar, however, someone with training thinks that it is obvious. You would want the electronics engineer to look at the circuit board that you want to patent and say, "heah, why didn't I think of that!"