Does a patent apply to my product?

A patent may be the right intellectual property (IP) protection for your product if it is an invention or improvement of a function or if it has a unique appearance. Products like the lightbulb, telephone, Bluetooth technology, and Amazon 1-Click have been covered by patents.

Contact MILS

If you need additional assistance, please contact MILS at 231-947-0122.

What is a patent?

Patents protect your business’s inventions. There are three types of patents: utility, design, and plant. Utility patents are for inventing a new or improved and useful process, machine, article of manufacture, or composition of matter. They are the dominant form of patent. In order for the invention to be protected, the patent must be granted by the United States Patent and Trademark Office (USPTO).

What protections do patents provide?

A U.S. patent gives the inventor the right to “exclude others from making, using, offering for sale, or selling” an invention or importing it into the US. Unlike infringing on a copyright or trademark, someone infringes on a patent even if they were not aware of the patent’s existence. 

This is useful if you are basing your company on a new product or process and you want to prevent others from taking your market. It also can be useful to attract investment or to license your IP to someone else. 

Utility Patents

How do I obtain a utility patent?

In order to get the patent approved, the patent must meet several conditions. While you may file a patent application on your own, a patent attorney is highly recommended as navigating the USPTO pro se may be complicated and/or cause avoidable delays.


Utility Patent Requirements









Process


Design Patents


A design patent is a patent that protects new, nonfunctional designs for functional products. They are for the ornamental appearance of a product rather than how the product functions. Designs such as the curvy Coca-Cola bottle, the Statue of Liberty, and the iPhone have been covered by design patents. 


How do I obtain a design patent?

What do I do if…


I get a demand letter?


Someone is infringing my patent?