Wondering, how to patent your invention? Filing for a patent in the United States involves several steps, from doing a patent search to correctly filling out an application and submitting relevant materials. While seeking guidance from a patent attorney is one route that inventors can take to make the patent filing process easier, it is still important to know the basics of patenting and whether or not what you have developed or discovered is likely to be granted protection. What are the different types of patents and does your invention fall within the requirements for one of these categories?
Utility Patents are the Most Common Type
Most patents can fit into the broad category of utility patents. According to the United States Patent and Trademark Office (USPTO) about 90 percent of patents that have been filed in the recent past have been utility patents. Because of this they are sometimes simply known as 'patents for invention.' What exactly is this type of patent? What is necessary for filing with the USPTO and how long does protection last if it is granted?
A utility patent grants ownership to the inventor of a process, machine, composition of matter, or article of manufacture. An improvement to any of these things can also be patented. There are two necessary characteristics for an invention to be patented — it must be both new and useful. No one can make, use, sell, offer, or even import into the United States the invention for the length of protection, except for the patent holder. Utility patents last for twenty years from the date of filing.
Application requirements for patent filing include several forms to be completed which include relevant information about the applicant and the invention. A specification, which is the written description of how the invention is made, what it is and at least one claim to define the extent of the patent is also necessary. The appropriate fee, an oath, and any necessary drawings are also part of the filing requirements for utility patents. Over the course of the protection period maintenance fees must be paid to keep the patent. Due to the complexity of the application the USPTO does mention that consulting with a registered patent attorney is probably the best method for properly navigating this legal document.
The Basics of Design Patents
Design patents are for the design, specific configuration, shape, or decorative appearance of an article of manufacture, but not for an object itself. For example, the design of a toy doll, piece of furniture, or bicycle can be patented. As with a utility patent a design patent must be new and original, but it doesn't necessarily have to be functional; the purpose of an invented design can be ornamental. It has to relate in some way to the article in the sense that the design could not stand on its own.
This type of patent lasts for fourteen years, once the patent has been granted, which may be months later then the filing date. Maintenance fees are not required. When filing for a design patent it may also be useful to consult with a registered patent attorney. The application requirements are similar to those of a design patent, although only one claim can be made, for the article of manufacture that the design works with.
Plant Patents
Plant patents are intended for new plants that are in some way distinct and can be duplicated through asexual reproduction. They can be invented or discovered. Tuber propagated plants and plants that are discovered in an uncultivated state are excluded. Mutants, hybrids, sports, discovered seedlings, algae and macro fungi are included.
This type of patent has the same duration of protection as a utility patent. Once granted no one has the right to reproduce, sell, or use the new plant while the patent is in effect except for the patent holder or holders. Like design patents, plant patents are not subject to maintenance fees.
The filing process involves basic information about the inventor and the invention, fees, drawings, a claim, and an oath, as well as specific requirements for the nature of plant inventions such as a botanical description and the Latin name of the genus and species of the new plant.
Each of the three types of patents is unique, but they all grant an invaluable resource for both the inventor and for society. They offer protection and security to those who take the time to develop new ideas and in turn the inventor is willing to share their invention with society.
References
"A Guide to Filing a Utility Patent Application." (United States Patent and Trademark Office).
General Information About Plant Patents
Brenna Coleman - Brenna is a freelance writer focusing on natural health and beauty. She has written hundreds of articles, helping readers find ways to ...
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