* CLASSIFICATION OF

PATENTS
 *Types of Patents
There are 6 types of patents that are issued by the USPTO. They
are:
1. Utility Patent

2. Design Patent

3. Plant Patent

4. Reissue Patent

5. Defensive Publication

6. Statutory Invention Registration (SIR)

 *UTILITY PATENT
* Applicable only in case of inventions.

* Utility
patent is issued for the invention of a new useful
process, machine, manufacture or composition of matter
or a new and useful improvement thereof.

* Itpermits the owner to exclude others from using, making,

selling the invention for a period of 20 years, subject to the
payment of maintenance fee.

* 90% of the patents are Utility Patent

* To receive grant of Utility Patent the following prerequisites
needs to fulfilled.

1. Statutory Class Test – the invention must be able to be

reasonably classified into process, machine, manufacture,
composition or ‘a new use’ of any one or more of these
classification.
2. Utility
3. Novelty
4. Non- obviousness Test – Eg. a person uses hairbrush daily, it
means that he is having ordinary skills in the invention. Thereby
the invention to be patented should not be obvious to him.
To ascertain whether any patent already has been granted or not
patent searches can be conducted.
 *Design Patent
* It is used for patenting a new, original and ornamental design
which is embodied in or applied to an article of manufacture.

* It permits the user to restrict unauthorised use by any other

party.

* Design Patent application filed before 13th May, 2015 shall be

granted for 15 years.

* Design Patents unlike the Utility Patent does not require

payment of maintenance fee.
* It is simpler, cheaper and more easily acceptable than other
types of patent.
* To receive a Design Patent the following must be
fulfilled:

1. It must be new, original and ornamental design.

2. The novel features must not be obvious.

Eg. Microsoft went of design patent of ‘X’ when it launched

XBORE as it was considered to be unique and if copied
could be harmful for the business of Microsoft.
Apple also owns design patent for I- phones and distinct
consumer products.
 * PLANT PATENT
* It is given to new and distinct , invented or discovered
asexually reproduced plants including cultivated sports,
mutants, hybrids and newly found seedling.

* Plant Patent protects the grower who found a new variety

and would then be subsequently out of business once the
competitors learned how to produce the plant as well and
usually at greater scale.

* It permits the user to restrict unauthorised use by any other

party.

* Plant Patent also need to be Novel, Non obvious, Distinct.

 * REISSUE PATENT
* This type of patent is issued to correct an error in an already
issued utility, design or plant patent.

* Itdoes not effect the period of protection accorded by the

original patent.

* However the scope of protection can change.

 *DEFENSIVE
PUBLICTION
* It is issued instead of an utility , design or plant patent.
* It is a rights management tool that provides description for
artwork of a product, device or method so that it enters the
public domain and become a prior art.

* It provides limited protection which is defensive in nature

* It prevents others from patenting an invention, design or plant.

* Defensive publication was replaced by The Statutory Invention

Registration in 1985-86.
 * STATUTORY INVENTION
REGISTRATION
* It offered similar protection as provided by Defensive
Publication.

* American Invents Act, 2011 repeals provisions related to

statutory invention registration and issue of these
documents is discontinued.