Intellectual Property Right
Booth Udall PLC Patents, Trademarks, Copyrights, Trade Secrets, Licensing

Summary: Patent Application Types and Strategies - Part 1

Kenneth C. Booth

Jan, 4 2010 | 3:50 PM




Next:  Provisional Patent Applications

 

This series includes a discussion of the most common types of patent applications used in the United States Patent and Trademark Office.  This first entry is simply a summary of the different application types.  Later entries for this series will include a discussion of each type, its general purpose and strategies for its use.

 

Provisional Application:  Possible Extra Step to Utility Patent for Earlier Priority

 

Design Patent Application:  Protects Look, not Function

 

Utility Patent Applications:  Protects Function and Composition, not the Look

 

Continuation App:  Same Disclosure as Parent, Different Claims

 

Divisional App:  Same Disclosure as Parent, Restricted Claims

 

Continuation-in-Part App:  Part Different Disclosure from Parent, Different Claims

 

Request for Continued Examination:  Continues Prosecution of Rejected Claims

 

Reexamination Application:  Filed When there is a Question of Claim Validity

 

Reissue Application:  Filed When Different Claims are Wanted from an issued patent (must file w/in 2 years to broaden)

 

There are strategic uses for each of these different applications.  Understanding the purpose and use for each one can be a significant advantage in a company's overall intellectual property strategy.

 

Next:  Provisional Patent Applications



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