What is the difference between a design patent, a utility patent, and a provisional patent application?
A design patent protects the form, literally the ornamental design or appearance, of a device. A utility patent protects the structure of the device, and/or the method/process or software itself, and also its “equivalents”. Of the two, a utility patent offers much more broad protection that is generally more difficult to avoid by a potential infringer. Also, a design patent has a 14 year life and does not require payment of maintenance fees. A utility patent has a 20 year life, and requires payment of periodic maintenance fees to remain in effect. You may sometimes obtain both types of patent protection for the same invention. It is recommended that you consult with your patent counsel to determine your most efficient and cost-effective protection. A provisional patent application (PPA) is a document that fully enables your invention (discloses all details required for someone to practice your invention “without undue experimentation”). It is not examined by the USPTO, and does not nee
