Filing a patent can be an overwhelming process, especially for first-time inventors. If you are an inventor looking to safeguard your valuable intellectual property in California, it’s in your best interest to contact an experienced Orange County, California Patent Lawyer who can help explore your options. Please continue reading as we explore the different types of patents available in California. 

What Are the Different Types of Patents Available in California?

First and foremost, it’s important to understand that a patent is a legal document that grants inventors exclusive rights to their creations, preventing others from making, using, or selling the invention without consent. There are three main types of patents available in California:

  • Utility patents: This is the most common type of patent, granted for new inventions or enhancements that bring about functional improvements to existing ones. These patents encompass a broad array of innovations. Most notably, they grant inventors exclusive rights to make, use, and sell their creations for up to twenty years.
  • Design patents: This patent serves to protect the unique appearance or aesthetic features of a manufactured item, such as its shape, configuration, or surface decoration, rather than how it functions. Essentially, they cover the visual aspects of a product. The duration of this patent is shorter than that of a utility patent, lasting only fifteen years.
  • Plant patents: Perhaps the least well-known, this patent is used in agriculture. It protects new and distinct plant varieties that can be asexually produced. You should note that methods involving genetic modifications are not included, as the focus is on standard horticulture. These patents offer protection for twenty years.

How Do I Apply for a Patent?

Before filing a patent application, you’ll first need to conduct a search to ensure that your invention is unique and has not already been parented by another party. There are numerous online resources available for conducting your patent search, including the United States Patent and Trademark Office (USPTO) website. It’s important to note that they est forth clear guidelines for what can be patened.

After completing your search and determining that your invention is unique, you can file your patent applicaiton. This can either be done online through the USPTO website or by mail. However, before submitting your applicaiton, it’s in your best interest to enlist the help of a qualified attorney who can ensure that your application is accurate. They can help you determine the type of patent that best suits your needs.

This is an in-depth process that can be time-consuming and expensive, rating anywhere from a few thousand dollars to $20,000 or more, depending on the type of patent and the complexity of the invention. The patent applicaiton process is complex, with strict rules and requirements. Mistakes can lead to delays or the denial of a patent. Therefore, it’s highly advisable to seek guidance from an experienced attorney to protect your invention.

If you are ready to protect your invention, please don’t hesitate to contact an attorney from Burns Patent Law, who can help you navigate this process and bring your visions to life. Connect with our firm today to learn how we can assist you.