Patents are a form of legal protection for inventions that gives the holder the exclusive right to make, sell, and use their invention for a set period of time. This gives inventors the peace of mind knowing that their work is protected and that they can reap the rewards of their hard work.
The U.S. Patent and Trademark Office (USPTO) grants patents for the protection of inventions and designs. There are three different types of patents: utility patents, design patents, and plant patents.
Utility patents may be granted for a new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Design patents may be granted for a new, original, and ornamental design for an article of manufacture.
Plant patents may be granted for a new and distinct variety of plant.
The term of a utility patent is 20 years from the date on which the application for the patent is filed in the United States. The term of a design patent is 15 years from the date the patent is granted. The term of a plant patent is 20 years from the date the patent is granted.
Patents are granted by the USPTO only after a rigorous examination process to ensure that the invention is new and without obviousness.
Utility patents are the most common type of patent and protect the functional aspects of an invention. Design patents protect the visual design of an invention, and plant patents protect new plant varieties.
There are three types of utility patents:
Process patents are the most common type of utility patent. Machine patents are the second most common, and composition of matter patents are the least common.
Design patents are less common than utility patents and protect the visual design of an invention. For example, the design of a new car or the design of a new computer.
Plant patents are even less common than design patents and protect new plant varieties.