Listed below are the 3 main types of patents. Here’s a brief overview of each type.
Patents can be granted for a wide variety of inventions. For example, if John invented a new phone case, he would likely apply for a utility patent and a design patent. A plant patent would protect his asexual reproduction of the plant, but a utility patent would protect his phone case’s design. These patents would protect John’s invention, and the company would be able to charge John for the phone case.
Utility patents
The first utility patent was issued in 1790. Today, there are over 10 million utility patents, and IBM is one of the largest patent recipients. IBM holds over 110,000 patents and has received the most patents for 26 straight years. Other top recipients each year include Apple, Samsung, and Intel.
In order to qualify for a utility patent, your invention has to have not been publicly disclosed in the past. If it has, the USPTO may reject your application. Utility patents also protect processes and computer software. These are the most powerful forms of protection, but are the most difficult to obtain. They last 20 years from the date of filing. In addition, you’ll need to pay additional fees for each patent application.
Utility patents protect discoveries and processes that are useful in the real world. The term “useful” used to refer to operability, practical use, or beneficial use. However, since some of the more difficult inventions are not operable, they cannot be patented. This also means that the design could cost more to manufacture than anyone would pay for it. In general, these three types of patents protect the most innovative products.
A utility patent covers an invention that is novel, useful, and non-obvious. It may also protect a new way to make something, sell it, or import it. The most common type of patent is a utility patent. In the United States, over 90 percent of patents issued are utility patents. Examples of useful inventions are new types of wheels, methods of using them, and inventions that can be made from them.
Typically, a utility-type patent requires a lawyer to file with the Patent Office. The patent agent or attorney must be a member of the Patent Bar and have passed a difficult, highly-specialized examination to be eligible to practice. Once approved, the patent application is assigned to a patent examiner. Sometimes, the examiner will reject the application or require revisions, resulting in months, sometimes even years, before the patent is issued.
A utility-type patent protects a useful invention and is usually filed with the United States Patent and Trademark Office (USPTO). There are five types of utility-type patents. Some inventions can be filed under more than one category, so it’s important to consult with an experienced patent attorney to choose the right one for your product. Utility-type patents are the best choice if you need to protect your invention from copyright infringement.
Design patents
What are design patents?
Another type of patent is the design patent. It protects the surface ornamentation of an object, such as its shape.
Design patents are valuable in certain circumstances. They cover the aesthetic look of a product, but not its function. Big Tech companies, for example, often try to design products that are attractive and appealing to consumers. Design patents are especially important for companies making products with an aesthetic look. These designs must be both functional and aesthetically pleasing to qualify for design patent protection. Design patents last up to 20 years and are issued only to products and processes that have useful functions.
Conditions to qualify for a design patent
To qualify for a design patent, an invention must have ornamental features. It must be new, unobvious, and ornamental. The design must be original to the inventor and unobvious to a hypothetical designer. It must also be the product of aesthetic skill and artistic conception. The patent period for a design patent may change in the future, so it is important to check the current status of a design patent before applying for one.
A design patent protects the appearance of a product, rather than its functionality. This type of patent protects the aesthetic look of an object and does not require maintenance fees. A design patent is granted only for the appearance of an article, not its function. Because design patents are only granted for aesthetics, they are not as valuable as utility patents. But they still do provide some protection. A design patent lasts for 14 years and does not require maintenance fees.
Utility and design patents cover different kinds of inventions. A utility patent covers useful inventions that improve upon existing technology. Utility patents are the most common type of patents. Ninety percent of issued patents fall into this category. They protect new methods and materials for doing business. A design patent, on the other hand, covers ornamental features on a manufactured object. It is possible to obtain a design patent on a computer or on a software program.
In order to receive a design patent, you must ensure that your design is indistinguishable from the object. While a design patent protects the appearance of an object, a utility patent protects the functionality of the object. It is important to note that a design patent does not protect the functionality of the object.
Utility and design patents are both granted for specific periods of time. In general, plant and utility patents are granted for twenty years from the filing date, while design patents are granted for as little as 15 or 14 years. Utility patents are generally more difficult to obtain than design patents, but the benefits are worth it. Utility and design patents can protect investment strategies, medical equipment, tools, genetically altered life forms, and more. Utility and design patents also require periodic renewals and fees.
Plant patents
What are plant patents?
Plant patents are a subset of utility-type patents and are the least common. These protect new varieties of asexually reproduced plants, but are not as common as utility-type patents. Plant patent applications are published eighteen months after the earliest date of filing. Generally, plant patents last for 14 years and do not require maintenance fees.
Patents on plants are granted to the inventors of new varieties of plants. A plant patent has two named inventors and protects key plant characteristics from others. To qualify for a plant patent, the plant must be asexually reproducible, cultivated in a particular area, and not already existing in nature. Reproduction can be through root cuttings, bulbs, divisions, or asexual propagation.
Patents on plants are the most common type of patent. They are granted for new species and varieties of plants, including seeds, sports, mutants, and hybrids. Those who have patented a new plant species have the exclusive right to exclude others from using and reproducing the plant for 20 years. Plant patents do not require maintenance fees. The duration of the patent is limited to twenty years from the filing date.
Plant patents, design, and utility patents are the three main categories of patents. Utility patents cover inventions and are issued by governing bodies. Plant patents, on the other hand, are issued by the United States Patent and Trademark Office and cover plants that reproduce. These types of patents are rarely awarded but have an excellent chance of success. If you are interested in obtaining a patent for your new creation, contact a patent attorney in Chicago.
In conclusion;
Utility and design patents cover products that are not widely known and that have a non-obvious quality. The claims of utility patents must relate to the working of the product. A utility patent application costs between $7,000 and $10,000. The application fee covers the draft, search, filing with the patent office, and issuance of the patent. They also have a statutory limit, which means that they only offer protection within the United States.
The United States Patent and Trademark Office issues utility, design, and plant patents. To qualify for a patent, an invention must be new, nonobvious, and clearly defined. This enables the creator of the patent to profit from the invention without any competition. A utility patent allows the inventor to sell or license their invention in return for royalty payments. Design patents, on the other hand, offer limited protection to the inventor.
Design patents protect ornamental and aesthetic designs and give the inventor the exclusive right to use the design for up to 15 years. Plant patents are easier to obtain than utility patents, and the most popular types of patents. They grant exclusivity to an inventor and do not require any maintenance fees. A utility patent is the most popular type of patent, but it has a relatively short life expectancy. It may be up to 20 years, depending on the nature of the design, so the time frame for obtaining one may change in the near future.
