Patents were designed to protect inventions and ideas that are new and non-obvious. Ultimately, a patent is a form of intellectual property protection that gives the creator exclusive rights to legally market, sell, manufacture, and profit from the invention.
With a patent, an inventor can exclude competition by enforcing the patent, license the invention to other parties for royalty payments, sue for damages in the case of infringement, and sell the invention to a third party.
There are 3 types of patents that inventors should know: utility, design, and plant patents. For individuals that are interested in patenting their idea, read on to learn what these types of patents mean and the eligibility requirement for each.
Utility Patent
A utility patent is the most common type of patent that inventors will encounter. This type of patent provides protection for the creation of new or improved products, processes, or machines that are useful for its users. Utility patents are beneficial for inventors as it prohibits other individuals and companies from making, using, or selling the invention.
A utility patent applies to a broad range of inventions. Here is a general overview of which inventions benefit from this type of patent.
- Machines: A machine is considered something with moving parts such as a computer.
- Articles of Manufacture: This includes items such as ceramics, chairs, and shoes.
- Process: This refers to things such as business processes and software.
- Composition of Matter: This refers to inventors in the pharmaceutical industry, for example.
Design Patent
A design patent is a type of patent that provides legal protection of the unique visual qualities of a manufactured item. A design patent can be granted to an inventor in the event the product has a distinct configuration, distinct surface ornamentation, or both.
It’s important to note that in order to obtain a design patent, the design must be inseparable from the object. With that said, patent protection will only protect the appearance of the object. If you want to protect the functional and structural features of the invention, this requires a utility patent as well.
Here are a few examples of a design patent.
- Ornamental designs on things such as jewelry and purses
- Fonts
- Computer icons
Plant Patent
A plant patent is designed to protect new and distinctive plants. Unlike the other patents, a plant patent can have two named inventors. This can be the inventor who discovered the plant and the inventor who asexually reproduced it.
Essentially, this patent protects the plant’s key characteristics from being copied, sold, or used by others. For a plant to be granted a patent, it needs to be natural, bred, or created from non-reproductive cells of a plant (somatic). In addition, it must be bred in a cultivated area and be asexually reproducible.
Along with this, the reproduction must be genetically identical to the original through particular methods. These methods can include root cutting, bulbs, and division.
For inventors that are interested in a plant patent, you must meet a few requirements. The requirements are as followed:
- The inventor must apply for the patent within 1 year of selling or releasing the plant.
- The inventor must provide a full and complete botanical description that outlines how the plant is unique.
- The inventor must provide drawings that highlight the plant’s unique features in addition to the description.
When sharing your ideas and inventions with others, you want to ensure that they are properly protected. The most effective way to do this is with a patent. If you want to learn more about patents or need to talk with an attorney about the best way to protect your idea or invention, contact us today to talk with a patent and trademark attorney.