Posts Tagged "patent protection"

Patents offer intellectual property protection to hardware startups.

Design Patents and Utility Patents for Startups

Design patents and utility patents help protect a hardware startup.Patents, copyrights and trademarks are all forms of intellectual property. For the purpose of this piece, patents — particularly design patents and utility patents — will be the focus of the conversation. While all three types of IP are indeed essential for success, hardware-focused products rely heavily on patents. Often times, proper patent protection can mean the difference between success and failure for a hardware startup.

Patent Basics

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. There are three types of patents: utility, design and plant patents.

  1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
  2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
  3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Conducting a Patent Search

Once you have decided that you are interested in patenting your product, the next step is to conduct a patent search. A proper patent search will tell you if your invention, or its likeness, has been patented before or if your invention is indeed one-of-a-kind. There is nothing more time consuming, financially draining and demoralizing than filing for a patent, only to find that someone else already holds the patent to your invention.

The USPTO makes it possible to conduct a preliminary patent search on your own; however, it is highly recommended that you consult with a licensed patent search firm to assist with the bulk of the research. These firms have vast experience researching and are extremely knowledgeable in the classification systems.

Exploring Design Patents and Utility Patents

Design patents are often overlooked and underutilized compared to the more common utility patents. “Five percent of all patent applications (more than 30,000 per year) are design patents.” (Upcounsel) Design patents focus on the exterior design, features and overall aesthetics of the product. Utility patents focus on the functionality and features of your invention.

Design patents extend to what is exactly shown in the line drawings, nothing more. “Some products might need multiple design patents. Each would cover a specific physical feature of the proposed product. Cars, for instance, require many design patents.” (Upcounsel) Having high-quality professional line drawings by a CAD designer is extremely advantageous. With a design patent, you are able to use the coveted phrases, patent pending and patent issued on all marketing material, and have confidence that your invention is protected for the next fourteen years. Also. when it comes to cost, design patents are considerably cheaper to file than utility patents.

Utility patents focus solely on the inner workings of your invention, its unique functions and overall usefulness. “While a utility patent is harder to get, it offers better coverage. The utility patent has stronger protections built into the patent system.” (Upcounsel) An invention is deemed useful if it provides an identifiable benefit and is capable of use. People often refer to utility patents as “patents for invention”. According to the United States Patent and Trademark Office, ninety-percent of the patent documents issued by the USPTO in recent years have been utility patents. With a utility patent your invention will be protected for the next twenty years.

A design patent coupled with a utility patent provides overlapping protection for both the inner workings and exterior design of your product, and is a powerful tool in your IP arsenal.

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

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Patent protection is critical for startup success.

Innovation and Patent Protection for Startups

Patent protection is critical for startup success.Patent protection is critical for startups today—technology and globalization have made it easier than ever to find, steal and patent invention ideas. Patents provide you with a way to protect your invention from other individuals that may want to commercialize it without your authorization. From the United States Patent and Trademark Office (USPTO):

“A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees.”

“The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or ‘importing’ the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.”

Make: Magazine recently published an article, “Patent Pandas: How One Maker Is Turning Her Horrible Experience Into a Force for Good”. It is a real and very telling story of how a person, actually a crowdfunding backer, stole an idea from a crowdfunding website and later tried to sell the invalid patent back to the original inventor. Unfortunately, stealing and patenting ideas that are not your own has become big business.

Patent law is complicated, and it is always best to consult with an attorney. However, we have compiled a list of resources below to get you started as you begin looking into the process of patent protection.

Crowdfunding Backer Patented My Project (Patent Panda)

I never thought about patents much. I just wanted to make stuff and share it with others. Then one day someone else patented my work.  So what happened?  And what did I learn?  Well, first off, don’t panic!

General Information Concerning Patents (USPTO)

Some people confuse patents, copyrights, and trademarks. Although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.

Navigating IP on the Path to Commercialization

Patents are a critical factor for sustainable success. Whether you are at the helm of a startup that plans on crowdfunding a product or a SME working on a new and innovative technology, securing and protecting your intellectual property (IP) rights to that invention is key to successful commercialization.

IP Watchdog

This website is managed by Gene Quinn, a patent attorney with decades of experience. The articles on the website touch on a number of patent issues and provide in-depth education opportunities.

How to Prepare for Your First Patent Attorney Meeting

Most hardware startups find themselves thinking about intellectual property early-on and wondering if it is truly necessary for their invention. If you are planning to manufacture your product abroad, considering a crowdfunding campaign, wanting to speak with potential investors or find yourself constantly worrying about someone copying your invention, then meeting with a patent attorney is a great idea. In many cases, having a design or utility patent will be beneficial for your startup in the long-run.

Our team works closely with the Hawaii State Bar Association and understands the importance of patent protection for startups. If you have a question related to patent protection, we are happy to help. Please send us an email with your questions, info@3d-innovations.com.

Additional Intellectual Property Articles from 3D Innovations

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3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.

Subscribe to the 3D Innovations newsletter on our Facebook page!

Connect with us on TwitterFacebook & LinkedIn today

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