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Patents Basics

Inspiration is a wonderful thing. It has led to inventions and progress in so many fields. Do you have an idea for your business and want to get the idea or innovation patented? The process for filing for a patent can get a bit tedious so, do your homework and understand what issues may lie ahead of you. We also suggest discussing your case with a patent attorney.

According to Entreprenuership.org a patent grants inventors the right to exclude others from making, using, selling (or offering to sell) or importing their inventions throughout the United States for a limited period of time. To obtain a patent, the inventor submits his or her application to the U.S. Patent and Trademark Office (known as the “USPTO”).

There are three main types of patents:

  1. Utility Patents –  Almost any product, process, or ornamental design that is new, useful, and non-obvious is patentable. What we normally think of as a patent is known as a “utility” patent, because it covers the usefulness of a product—the way it operates, what it produces, what it does, etc.

  2. Design Patents- Design patents protect the ornamental design or appearance of an article (i.e., they do not protect aspects of a product that are functional). A few examples of designs that may be protected by design patents include the ornamental aspects of furniture, packaging, shoes, game boards, and fonts.

  3. Plant Patents (used less frequently) are for certain new varieties of plants that have been asexually reproduced, for a term of 17 years.

As a business owner, you will most likely be filing for a utility or design patent. The registration process includes: a clear and concise description of the company’s declaration that it is the original and sole inventor, written drawings (where necessary) of the invention, filing fees; and, one or more of the company’s “claims” of exclusivity. Be sure to be very specific in your documentation as you must prove that you are the first to do something or make something like this. The United States Patent Office has a complete list of patent laws and resources. Please,  follow the link above. 

About Mike Sperling

Mike is the Founder and Director of Sperling Interactive. Mike’s keen eye for photography, extensive technology skills and innovative marketing ideas make Mike a leader in the website design and management field. He is proficient in html, css, php, javascript, MySQL and the Adobe Design Suite. Before founding Sperling Interactive, Mike worked his way up from staff photographer at the Eagle Tribune Publishing Company to the lead operator and manager of multiple websites for daily and weekly publications. Known as the “media guru”, Mike gathered years of experience before making the leap to start his own business. He graduated from Rochester Institute of Technology with a BFA in Photojournalism and a minor in Mass Communications. When Mike is not meeting with clients or designing new websites he enjoys spending time with his wife, Jodi, daughter Zoey, and son Camden. Mike enjoys hiking, geocaching, traveling, movies, the Baltimore Orioles & Ravens.