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You may have heard rumors that business method patents are dead, but their death is greatly exaggerated. Like all good rumors, however, there is an element of truth. A recent case, called “In re Bilski”, commonly called “Bilski”, does have an impact on business method and software patents.
If you want to preserve the option to get patent protection for an invention (a new concept and the knowledge of how to implement it), a provisional patent application allows you to preserve your right to seek full patent protection in the future. While full (nonprovisional) patent applications may take months to prepare, provisional patent applications take only weeks or less. They are also cheaper. Provisional patent applications expire after one year, but allow you to file for full patent protection without worrying about lack of patent protection in the meantime.
Despite the amount of artistic expression and innovative design involved, artists and industrial designers who produce stylized useful objects such as, furniture, containers, appliances, tools and clothing articles cannot protect their work through copyright registration. However, the products are protectable through the registration of a US design patent. A design patent protects the ornamental design of an article of manufacture that is new, original and non-obvious. Read the full article →