domerdel, sorry for a quick "drive by post", but here's some basic information.
A design patent application is what you file to try to protect the ornamental features of a thing - essentially protects only how the thing looks. Once you apply, the patent office will examine your application to see if your proposed design is patentable. If so, you can then pay an additional fee to have the design patent granted. The design patent process often involves some arguing with the patent office relating to patentability and can take easily 18 months to 3+ years.
A provisional patent application and a utility patent application relate to what the thing is or how it is used or made, etc. Notable distinction here - a provisional patent application never becomes a patent. It merely allows you a 1-year option to file a utility patent application that claims as its filing date the date you filed the provisional app. The utility patent application is then examined by the patent office to see if it is patentable. If so, you then can pay an additional fee to have the utility patent granted. The utility patent process often involves a fair bit of arguing with the patent office relating to patentability and can take easily 2.5 to 5+ years. Not trying to dissuade you, just trying to level-set expectations.
And one thing to bear in mind is that with a forms provider like LegalZoom, what you are getting is the forms needed and at least some (I hope) "how to" information. They do not get you "a patent". This is fine, but you need to understand what you are getting with them and also understand that the process does not automatically return a granted patent of either sort - a point I'm not sure the forms providers' websites adequately convey.
Thank you for the info. I do realize that provisional really means "patent-pending" and only has a shelf life of 1 yr. What's intriguing about it is, it seems to be the cheapest (that's if i was going thru the legalzoom process).
The problem remains... determining if this really is a utility based patent or a design patent.
I read somewhere let's say for example the sandal. your everyday beach flip flop. Well, someone then invented the Tiva, it was the sandal that had the straps for heal support and crossed over velcro near the ankle. the patent was considered a functional and not design related.
Now to try and elaborate my idea is hard without giving it away. It is clothing related, but it has nothing to do with fashion. it has something to do with women's underwear, that's all i can say, and no nothing perverted lol. There's a part of it that will be considered functional, non-operative...
So, rather than go the legal zoom "how-to" method, what direction should i go?
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Topic: Provisional Patent or do I get a Design Patent? (Read 1029 times)
