Dallas, Texas, Patent Attorneys

Frequently Asked Questions

What are the different types of patents you can file? 

The United States Congress defines the types of inventions that can be protected by patents. There are three main types of patents: utility patents, design patents, and plant patents, and each is described as follows:

Utility Patent: A utility patent is a technical document that teaches the public how to use a new machine, process, or system. A utility patent can be (i) a functional utilitarian device or formula, (ii) a business method or steps to conducting a novel business concept, or (iii) software directed to a novel computer task or function. For instance, a software patent is not only a utility patent but also a specific type of business method patent. Business method patents are the specific methods for conducting a novel business concept. The parts of utility patent applications include the background, specification, claims, and drawings used in describing a new machine, method, or system. For more information on the utility patenting process, see our Overview of the Patenting Process.

Design Patent: A design patent protects an ornamental design on a useful item. Unlike a utility patent, a design patent only includes one claim: "I claim: the ornamental design as shown." The ornamental design protected by a design patent can be the shape of jewelry, the appearance of a beverage container, or the design of a watch. It is the ornamental design that defines the protectable patentable subject matter of a design patent. A design patent does not cover the functionality of the claimed design, or the way it functions or any internal structures. A design patent only protects the ornamental appearance (i.e., "the look") of the patented item.

Plant Patent: Plant patents protect novel kinds of plants produced by cuttings or other nonsexual means.

Overview of provisional patent applications and their importance

A provisional patent application is a document filed with the U.S. Patent and Trademark Office (USPTO) that gives a new invention an early priority date. It is not examined or published by the patent office, and a non-provisional patent application must be filed during the twelve-month period following the provisional filing date. The provisional application still must meet the minimum requirements of being able to disclose the invention to the public (i.e., enable the public to figure out how to make the invention). Once a provisional patent application is filed, the utility invention is said to be "patent pending." A failure to file a formal utility patent within the twelve-month period from provisional patent filing will result in the loss of the early priority date and, in the worst case, any public disclosures done by the inventor during that twelve-month period may not be considered public disclosures to the USPTO and bar patentability (i.e., publications, patents, public uses, and sales which occur more than one year prior to the date of application for a patent in the United States may constitute a bar to a patent). Lastly, design patents cannot be filed as provisional patent applications.

What is a non-provisional utility patent application? 

A non-provisional utility patent application is the formal and complete version of a patent application that is ready to be examined by the USPTO. It contains a written description of the invention as well as at least one claim, which enables someone to practice the invention. A non-provisional utility patent application must meet the following requirements:

• Utility Patent Application Transmittal Form or Transmittal Letter: This form accompanies the patent application, summarizing the contents and specifying the type of patent being applied for. It ensures that all parts of the application are correctly identified and processed by the patent office.
• The Application Data Sheet: This is a form that provides bibliographic data, including information about the inventors, ownership, and correspondence details. It organizes and presents critical information needed to process the patent application.
• A Specification, with at least one claim: The specification describes the technical details and the operation of the invention, while the claims define the scope of the patent protection sought. It is the central document in a patent application that legally defines the invention.
• Drawings, if necessary to describe the invention: These are visual representations of the invention, required when they are essential for understanding the functionality or design of the invention. Drawings must clearly illustrate what is claimed in the specification.
• A Declaration or Oath by the Inventor: This is a formal statement by the inventor asserting they are the original inventor of the subject matter detailed in the application. It is a legal declaration of originality and ownership.
• The Fee Transmittal Form: This form accompanies the payment of fees, detailing the calculation and total of fees being paid for the patent application process. It ensures accurate financial processing of the application.
• Payment of the Fees: This involves submitting the necessary fees required for the patent application process. Payment is crucial for the application to be examined and processed by the patent office.

For more information on the utility patent patenting process, see our Overview Of The Patenting Process .

The patent attorneys of Wilson Legal Group assists clients throughout Dallas and the rest of Texas who are facing patent or patent infringement issues. We have helped clients in Dallas, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.