What types of patents are there?
Utility patents may be granted to anyone who invents or discovers any new, useful, and nonobvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Plant patents may be granted to anyone who invents or discovers AND asexually reproduces any distinct and new variety of plant. WE DO NOT TEACH ABOUT PLANT PATENTS (IN FACT VERY FEW PATENT ATTORNEYS DO), BUT WE WILL BE HAPPY TO REFER YOU TO SOMEONE WHO DOES IF YOU CONTACT US.
Patents issued in the United States are either a Utility Patent, a Design Patent, or a Plant Patent. Utility patents protect the functional aspects of an invention and are enforceable for 20 years after the filing date. Design patents protect the esthetic design or appearance of an invention and are enforceable for 14 years after issue. Plant patents protect invented or discovered, asexually reproduced plant varieties.
In general, laws provide granting patents in following categories: Utility patents are granted for any new process, method, machine, manufacture, or compositions of matter. Design patents are granted for new, original and ornamental design for an article of manufacture. The appearance of the article is protected. Petty patents or Utility models are granted in some jurisdictions (Australia called them Innovation Patents) to new meaningful changes or improvements from earlier patents. It is a right designed to protect improvements of inventions that do not meet the inventive step required for regular patents. The scope and duration of the protection is between 4 to 10 years depending on the country, compared with up to 20 years for a regular patent. Plant patents – Some patent laws, like the USA and UK, provides for granting plant patents which covers distinct and new varieties of plants that have been developed and are asexually reproduced.
