Patent Basics
The three types of patents as defined by the USPTO
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof
- This is the most common type of patent
- Most utility patents consist of 6 to 8 digits and are protected for 20 years
- Example: Method of and Apparatus for Converting Heat into Work (No. 542,846)
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture
- A design patent protects the appearance where as a utility patent protects the functionality of an invention
- A design patent number starts with a D and is protected for 14 years
- Example: Panda Bear inhaler (D538,423) (the panda bear appearance is protected, not the inhaler)
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant
- A plant patent starts with PP and is protected for 20 years
- Example: Blueberry Plant called 'Emerald" (PP12,165)
What is Patentable?
A patent is granted if an invention meets certain criteria, including:
- Useful - The invention must have a useful purpose and be capable of being used or applied to an industry.
- Novelty - the invention must be new and not previously disclosed to the public. This doesn't just mean someone already has a patent on your invention, but if your invention can be found anywhere - in a journal article, in a newspaper, on the web - then it is not new and can't be granted a patent.
- Non-Obvious - the invention can not be obvious to someone skilled in the relevant field.
Utility patents are provided for a new, non-obvious and useful:
- Process
- Machine
- Article of manufacture
- Composition of matter
- Improvement of any of the above
Examples of what cannot be patented include:
- Laws of nature and natural phenomena
- Abstract ideas
- Literary, dramatic, musical, and artistic works (these fall under Copyright)
- Inventions which are:
- Not useful
- Offensive to public morality (e.g., device for illegal activities)
There are two types of utility patent applications: provisional and non-provisional.
Process for Obtaining a Utility Patent - United States Patent and Trademark Office (USPTO)
One advantage of provisional applications is that they are less expensive. However, there are some important things to consider when filing a provisional application. Provisional applications are good only for 12 months. This means that you must file a corresponding non-provisional application during this time period to take full advantage of the extended 12 month time period or face the expiration of your provisional application.