Patent and Invention Help Forum

patenting an idea

Patricia Dobine-Brewer

patenting an idea
« on: February 27, 2017, 01:21:31 PM »
How do you know what to file a patent under to insure the best protection for an idea? Design, Utility? I have an unusual Necktie and bow tie design and currently have Provisional Patent Pending status.

Brad

  • Patent Agent
  • *****
  • 1665
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: patenting an idea
« Reply #1 on: February 28, 2017, 09:17:16 AM »
First I would ask "What is it about your necktie that makes it unique?"

If your answer is the way it looks (shape, design, pattern, etc) than you should probably file a "design patent".

If your answer is the way it works (i.e. the way it ties around the neck) than the answer is probably a "utility patent"

In some cases we can file both a design and a utility patent. 


My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.