MightyRecruiterWhile most people may be familiar with what a patent is and when they should consider applying for one, many people may not be aware there are several different kinds of patents. Patents involve the exchange of a specific set of limited legal rights for information about a new invention of some kind, whether it is a physical good or a methodology. Which patent you choose to apply for will depend on several factors, including the purpose of the patent, the nature of your invention and the situation in which you are applying for the patent. Here is a broad overview of the three different kinds of patents, their uses and when it might benefit you to apply for one or the other.
Three Categories of Patents
When thinking of patenting your or your business’s new way of doing something or a novel invention, consider what type of patent category it might fall under.
- Utility Patents: These are the most common type of patents applied for in the United States, and they cover a large spectrum of new processes and physical inventions. Utility patents include processes, machines, manufactures or compositions of matter. A process is defined as the act or method of doing something and is primarily restricted to technical and industrial ways of doing things. While a machine is an object, such as a calculator or a refrigerator, made up of other materials and serves a specific purpose, a manufacture is any good or product that is created. Chemical solutions and ingredient blends, on the other hand, are considered compositions of matter. Utility patents cover the invention of these objects, their functionality, their use and how they work. As you can see, utility patents are such a large class that it might seem that nearly everything in existence might fit into this category.
- Design Patents: Unlike utility patents, design patents primarily deal with the physical appearance and surface aesthetics of an object, manufacture or machine. Design patents do not cover the functionality, structure or use of something, but only the details of its novel exterior or interior makeup. In essence, a design patent is useful for guarding the way something looks as well as its ornamental value. Many inventors choose to obtain both utility and design patents for their inventions, as these two patents will together cover an object’s aesthetic appearance and functionality. When you apply for a design patent, you will be asked to submit a detailed drawing of the design you wish to claim the creation of.
- Plant Patents: Those who have invented or discovered a new species of plant are eligible to apply for a plant patent. This unique type of patent requires that the inventor or discoverer be able to make the plant reproduce through an asexual process of reproduction, or a process of duplicating the new plant that does not involve seed. Cutting or grafting the plant are two ways you might be able to cause it to asexually reproduce and qualify for a plant patent. The United States Patent and Trademark Office will be ultimately responsible for determining whether you satisfy the conditions of applying for a plant patent or not. These types of rights are only available for the discoverers or inventors of plants that have never before been found or recorded.
A patent is a smart way to protect your new invention, whether you have come up with a new way of doing something or an entirely novel object. By choosing the correct patent for your invention, you will take an important step in guarding your creation from being stolen, copied or mimicked by another inventor. Regardless of which patent you choose to apply for, you will have to file a detailed and complete application through the United States Patent and Trademark Office.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.