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Sarah J...
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To determine what kind of patent you need, you must first determine whether the novel (new) part of your invention is merely decorative or whether the novel part of your invention is also functional. If it is merely decorative, you need a design patent. If, on the other hand, the new feature of your invention performs a function, you need to file either a provisional or a utility patent application.
A provisional application for a patent allows filing without a formal patent claim, oath or declaration, or any informational statement (prior art). It is a less expensive way to enter into the patent process and it secures your invention the familiar, "Patent Pending" label. It also allows you to establish an early effective filing date. Remember, however that it automatically expires after one year.
While both provisional and utility patent applications may ultimately result in the issue of a utility patent, a provisional patent application merely holds the place of a future utility patent. One year after the filing date of a provisional application, the provisional application expires, and unless a full utility patent application replaces it, patent rights expire with it.
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