Securing intellectual property is an important step for inventors and businesses alike, and patents are among the most powerful tools for protecting your creations. But did you know there are three distinct types of patents, each designed to safeguard different aspects of an invention? The category of patent you apply for will depend on whether you need to protect structural or functional improvements, unique designs, or new plant varieties, among other considerations. In this article, we discuss the types of patents which are available in the United States, and how to decide which one is right for you.
Introduction to Patent Types
Patents are a cornerstone of intellectual property protection, granting inventors exclusive rights to their creations and safeguarding innovation. The United States Patent and Trademark Office (USPTO) offers three primary types of patents: utility, design, and plant:
- Utility patents focus on functional aspects, such as processes or machines.
- Design patents safeguard the appearance and aesthetic qualities of a product.
- Plant patents protect new varieties of plants reproduced asexually.
Next, we’ll take a closer look at each patent category and their unique aspects.
Utility Patents: Protecting Functional Inventions
Utility patents are the most commonly sought type of patent, representing around 90% of all patents issued. These patents are designed to protect new and useful inventions that contribute to the functionality or operation of a process, machine, manufacture, or composition of matter.
Utility patents cover a wide range of innovations, including:
- Processes: Methods or steps to achieve a particular outcome, such as manufacturing techniques.
- Machines: Devices or systems with mechanical parts working together to perform specific tasks.
- Articles of manufacture: Physical objects that are made or assembled.
- Compositions of matter: Chemical compounds, materials, or mixtures created by combining elements.
Utility patents offer protection for up to 20 years from the filing date, as long as maintenance fees are paid at regular intervals. These fees keep the patent active, providing ongoing exclusivity for the patent holder.
Design Patents: Safeguarding Aesthetic Features
While utility patents protect how something works, design patents focus on how something looks. These patents are granted for new, original, and ornamental designs applied to manufactured articles.
Design patents protect various aesthetic aspects, such as:
- Shapes and configurations: Unique forms or structures of objects, like the iconic shape of a soda bottle.
- Surface ornamentation: Decorative patterns or designs applied to products.
- Combination of both: An integrated design that includes shape and ornamentation.
Design patents have a term of 15 years from the date of grant (for applications filed on or after May 13, 2015) and do not require maintenance fees. The application process primarily involves submitting detailed drawings or photographs that showcase the design, as these patents rely heavily on visual representation.
What Do Plant Patents Cover?
Plant patents are a unique category designed to protect new and distinct plant varieties, and cover inventing or discovering and asexually reproducing any distinct and new variety of plant. These patents are invaluable to horticulturists, researchers, and agricultural innovators who develop new plant breeds through methods like grafting or budding.
Plant patents can apply to a wide range of plant varieties, including:
- Cultivated sports: Variants of plants with distinctive traits.
- Mutants and hybrids: Naturally occurring or intentionally bred plant varieties.
- New seedlings: Unique plants not found in the wild.
To qualify for a plant patent, the inventor must demonstrate that the plant variety is new, distinct, and reproducible through asexual methods. The patent remains valid for 20 years from the filing date and, unlike utility patents, does not require maintenance fees.
How to Determine the Right Patent for Your Invention
Choosing the right patent depends on the nature of your invention and the specific aspects you wish to safeguard, such as:
- Nature of the invention:
- If your invention focuses on functionality or utility, such as a new process, machine, or composition of matter, a utility patent is the best option.
- If the innovation lies in the ornamental design or aesthetic features of a product, opt for a design patent.
- For new plant varieties reproduced asexually, a plant patent offers the necessary protection.
- Purpose of protection: Consider whether you need to protect the operational aspects, visual appeal, or biological characteristics of your invention.
- Future goals: Will you need time to refine your idea? Filing a provisional patent application provides one year (12 months from date of filing) to develop your invention before committing to a full utility patent. For more information on provisional patent applications, check our resource here.
- Combination of protections: In some cases, multiple patent types may be applicable. For example, a new kitchen gadget might benefit from both a utility patent (for functionality) and a design patent (for its distinctive appearance).
Common Misconceptions About Patent Types
There are several misconceptions about the patent process that can lead to costly mistakes or missed opportunities. Let’s dispel a few of the more common ones:
- Utility Patents Cover Product Appearance
While utility patents are versatile, they focus on functionality and do not protect the appearance of a product. For ornamental designs, a design patent is required, and for plant varieties, a plant patent is more appropriate.
- Provisional Patents Provide Long-Term Protection
Provisional applications serve only as placeholders, giving inventors up to 12 months to file a formal utility patent application. Failing to file a utility application claiming the benefit of the provisional patent application within this timeframe can result in the loss of priority and protection.
- Design Patents Cover Functionality
Design patents only safeguard the visual and aesthetic aspects of a product, leaving the functional features unprotected unless a utility patent is obtained.
- Plant Patents Cover All Plants
Not all plants are eligible for plant patents. For example, tuber-propagated plants, such as potatoes, and plants found in their natural, uncultivated state are excluded from protection.
- U.S. Patents Provide Global Protection
A U.S. patent does not provide international protection. To secure rights in other countries, inventors must file patents separately in each jurisdiction. While there is a vehicle to expedite foreign applications through the Patent Cooperation Treaty (PCT), ultimately an individual patent must be obtained in each country where an applicant wants to be protected.
Schedule a Consultation With an Experienced Patent Attorney
An experienced patent attorney can guide you through the entire application process, from determining the best type of patent to filing your application with precision and care. With the right legal support, you can focus on what you do best: innovating.
Contact us and schedule a consultation to speak with our team of knowledgeable patent attorneys, and take the first step toward securing your intellectual property today.
About the Authors
John Woodson is a Registered Patent Attorney who practices in the area of patent prosecution, patent infringement studies and client counseling. His patent prosecution experience includes electrical and electronic equipment, telecommunications equipment, laser and optical devices, semiconductor devices, semiconductor processing, hydrocarbon recovery and well logging, mechanical devices, medical devices, and software and Internet related inventions. Mr. Woodson also has extensive experience prosecuting foreign-originated patent applications, and instructing foreign associates on prosecution of U.S. originated patent applications.
