Types of Patent

types of Patent there are three primary types of patent: Utility, Design, and Plant.

Utility Patents

A utility patent is the type of patent that is awarded to inventions that perform useful functions. Most of the patents that are issued are of this variety, and in fact most people who simply use the term "patent" are referring to a utility patent. Utility patents can be obtained for a thing, a method for making a thing, and/or a method for using a thing. Many times the news media will report that something that is quite old or well known has been recently patented. Almost always the old thing has not been patented, but rather a new and patentable method of making the thing or perhaps a new and patentable method for using the thing is what has been patented. A utility patent, once granted, provides the owner of the patent the right to prevent others from making, using, selling and importing a product that is covered by the utility patent. This right extends for a period of time that is 20 years after the filing date of the patent application. Under some circumstances this time period may be extended. Extensions are rare, unless the patent covers a pharmaceutical product.

Design Patents

Design patents can be a useful tool in your intellectual property arsenal, particularly when you are attempting to create overlapping protection, thereby developing a true intellectual property portfolio. Having said this, it is important to know the limitations of design patents. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. They are VERY easy to get, which is why many invention and idea companies push them on people, who unsuspectingly think they have broad protection of their idea or invention. Many patent professionals will refer to a design patent as a picture patent. This is helpful when understanding the limits of the protection.

Plant Patents
Patents to plants which are stable and reproduced by asexual reproduction, and not a potato or other edible tuber reproduced plant, are provided for by Title 35 United States Code, Section 161 which states: i. Benefits of Utility Patents

Protects the functional aspects of an invention. Can provide broad patent protection making it difficult for a competing product to avoid patent infringement. Capable of protecting many different variations of a product with a single utility patent.

ii. Detriments of Utility Patents

More expensive than a design patent. Takes longer to receive patent protection (normally 2-3 years). Does not protect the ornamental features of an invention.

i. Benefits of Design Patents

Cheaper than utility patent. Usually faster patent protection at the U.S. Patent Office (normally between 1-2 years). If the main feature of the new product is the appearance (i.e. ornamental design), then a design patent will protect this main feature.

ii. Detriments of Design Patents

Design patents do not protect the functional features of an invention (most inventions have functional features). Design patents can be relatively easy to design around by simply changing the overall appearance of the competing product. Difficult to protect different variations of product

Distinction between Design and Utility Patents

In general terms, a "utility patent" protects the way an article is used and works while a "design patent" protects the way an article looks. The ornamental appearance for an article includes its shape/configuration or surface ornamentation or both. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article may not be easily separable. Articles of manufacture may possess both functional and ornamental characteristics. Some of the more common differences between design and utility patents are summarized below:

(A) The term of a utility patent on an application filed on or after June 8, 1995 is 20 years measured from the U.S. filing date; or if the application contains a specific reference to an earlier application, 20 years from the earliest effective U.S. filing date, while the term of a design patent is 14 years measured from the date of grant (B) Maintenance fees are required for utility patents while no maintenance fees are required for design patents. (C) Design patent applications include only a single claim, while utility patent applications can have multiple claims. (D) Restriction between plural, distinct inventions is discretionary on the part of the examiner in utility patent applications, while it is mandatory in design patent applications (E) An international application naming various countries may be filed for utility patents under the Patent Cooperation Treaty (PCT), while no such provision exists for design patents. (F) Foreign priority can be obtained for the filing of utility patent applications up to 1 year after the first filing in any country subscribing to the Paris Convention, while this period is only 6 months for design patent applications (G) Utility patent applications may claim the benefit of a provisional application, whereas design patent applications may not. (H) A Request for Continued Examination (RCE) may only be filed in utility and plant applications while RCE is not available for design applications