For many Amazon sellers that offer redesigned products, a design patent application is something they should ideally seek. Even so, this does not mean that a utility patent application is completely off the table. Our Amazon Seller patent attorney explains the benefits of utility patents in addition to design patents.
Why Amazon Sellers of Redesigned Products May Need Design & Utility Patents
If you are offering a product that has a new design, you have probably already considered obtaining a design patent. After all, with a new design comes a new appearance. However, it may be in your best interest to also apply for a utility patent, for several reasons.
Greater Protection
Utility patents provide greater protection over a product. They protect the functional and/or structural aspects of a process, machine, manufacture, or composition of matter and cover more than just a single embodiment. For this reason, it is almost always preferable to protect your invention by filing a utility patent application when possible. An Amazon Seller patent attorney will be able to address your specific product and advise you when a utility patent is in your best interest.
Deters Competitors
When you sell on Amazon, it is important to consider your competitors and their ability to steer your potential customers in their direction. While it is true a design patent will discourage them from copying your invention, a utility patent is even better at fending off competitors. It is typically more difficult for Amazon sellers to overcome a utility patent infringement complaint thereby making it more effective at deterring competitors from selling a copycat version of your invention. They are, by their very nature, more complex.
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Provisional vs. Nonprovisional Utility Patent Applications
There are two different types of utility patents, provisional and nonprovisional. When you think of a utility patent application, you are most likely thinking of the nonprovisional patent application. It is the application that you file with the USPTO in hopes that, after review, they will grant your patent. When filed, it places your application in line to be examined by the USPTO.
A provisional patent is not reviewed like a nonprovisional patent. However, it can be utilized to obtain and maintain the status of “patent pending.” It is a more lengthy process but has the benefit of delaying the long-term costs associated with the examination.
Speak With An Amazon Seller Patent Attorney At ESQgo
An Amazon Seller patent attorney at ESQgo can guide you in deciding exactly what type of patent, or combination of patents, you need to protect your products. Our attorneys focus their practice on the challenges encountered by those involved in e-commerce and have the experience you need in your legal counsel. To find out more, contact us to schedule a free consultation.
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