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Understanding Utility Patents

If you have a new, useful invention that is not obvious to others in

the field of invention, you might qualify for a utility patent. Utility
patents are grouped into five categories: a process, a machine, a
manufacture, a composition of matter, or an improvement of an
existing idea.

Often, an invention will fall into more than one of these categories.
For instance, computer software can usually be described both as a
"process" (such as the steps it takes to make the computer do
something) and a "machine" (a device that takes information from an
input device and moves it to an output device).

Regardless of the number of categories in which an invention falls,

only one utility patent may be issued on it.

Among the many types of creative works that might qualify for a
utility patent are biological inventions; new chemical formulas,
processes, or procedures; computer hardware and peripherals;
computer software; cosmetics; electrical inventions; electronic
circuits; food inventions; housewares; and industrial machines.

If you acquire a utility patent, you can stop others from making,
using, selling and importing the invention. This prohibition is
valuable, as it allows you to develop an exclusive market to sell your
invention. A utility patent lasts for 20 years from the date that the
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Understanding Design Patents

If you create a new and original design that ornaments a

manufactured device, you may qualify for a design patent. Design
patents, which are somewhat less common than utility patents, are
outlined by 35 U.S. Code § 171.

A design patent is granted for product designs—for example, an

IKEA chair, Keith Haring wallpaper, or a Steve Madden shoe. You
can even get a design patent for a computer screen icon.

There are strings attached to a design patent, however. The design

must be ornamental or aesthetic; it cannot be functional. Once you
acquire a design patent, you can stop others from making, using,
selling and importing the design. You can enforce your design patent
for only 14 years after it is issued.

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Understanding Plant Patents

The least frequently issued type of patent are plant patents—

granted for any novel, nonobvious, asexually reproducible plant.
Plant patents are outlined by 35 U.S.C. 161. Unless you are a
research scientist or agricultural expert, it is somewhat unlikely that
you will apply for a plant patent.

What sort of innovation might be covered by a plant patent? Imagine

a new method for facilitating asexual reproduction in plants, which is
the propagation of a plant to multiply the plant without the use of
genetic seeds to assure an exact genetic copy of the plant being
reproduced. Any known method of asexual reproduction that
renders a true genetic copy of the plant may be employed. This may
include cultivating different types of plants to create mutants or
hybrids and also newly found seedlings.

This patent protects the owner by keeping other individuals or

businesses from creating the type of plant or profiting from the plant
for at least 20 years from the date of the application.

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Consult an expert with experience in patents pertaining

to your specific idea / invention.

You can check www.googlepatents.com to see similar

patents

You can also apply for a patent and learn more on

https://www.uspto.gov/patent