A patent protects the discoveries and inventions, which are novel,
non-obvious, and useful. There are three types of patents under the Patent
Law of the United States, namely, utility patents,
design patents, and plant patents. Each patent type protects a specific type of
discovery or invention and has different eligibility requirements; however, it
is also possible for one discovery or invention to potentially have more than
one type of Patent Protection available for
it. Now, let us understand this situation with an example – suppose a person
invents an object, and he or she is willing to patent both the design and the
functional features of that object. In this scenario, the inventor would
require applying for two separate patents, both a design and utility patent.
It’s time to make ourselves familiar with the three different
types of patents available under the patent law of the US and also understand
how you can obtain patent protection for your discovery or invention.
1. Utility Patents
A utility patent is undoubtedly the most common type of patent
that the inventors seek. This type of patent revolves around compositions of
matter, processes, manufactures, and machines that are useful, novel, and
non-obvious. Inventors and innovators can also obtain a utility patent for useful
and new improvements to the already existing compositions of matter, processes,
manufactures, and machines. Compositions of matter refer to the chemical
compositions that include a mixture of ingredients or new chemical compounds.
Processes can be any acts or different methods of doing something, and they
usually involve technical or industrial processes. Manufactures refer to the
products or goods that are made or manufactured. Machines include all the
things are typically defined as a machine across the globe.
2. Design Patents
A design in legal terms refers to the surface ornamentation of an
object, which can include the configuration or shape of an object. For
obtaining design patent protection, the inventors or innovators need to ensure
that the design is inseparable from the object. Although the design and the
object need to be inseparable, a design patent only protects the appearance of
the object. If a person is willing to protect the structural or functional
features of an object, he or she must file a Patent
Application for a utility patent as well.
3. Plant Patents
The inventors and innovators can obtain patent protection for
their new and distinctive plants. For obtaining this type of patent protection,
there are a few requirements, which are as follows:
·
The plant can’t be a tuber propagated plant, i.e., an
Irish potato
·
The plant can be asexually produced
·
The plant can’t be found in an uncultivated state
In asexual reproduction, the plant is reproduced by cutting or
grafting the plant, instead of being reproduced with a seed. The reason why
plant patents require asexual reproduction is that the same works as proof that
a patent applicant is capable of reproducing the plant.
How can you Obtain Patent Protection in the US?
In the US, patent protection can be obtained by filing a patent
application with the US Patent and Trademark Office (USPTO),
irrespective of the type of patent that you are seeking. There are both the
options of provisional and non-provisional patent applications available for
the patent owners.
A patent applicant can file a provisional patent application if he
or she needs more time to determine the specifics of his or her invention while
protecting it from being patented by another person. The patent applicant who
files a provisional patent application has a span of one year from the date of
filing the patent application to file the corresponding non-provisional patent
application.
The non-provisional patent application begins the official
examination phase for the USPTO to decide whether a discovery or invention is
eligible to obtain patent protection or not. Although the information included
in a patent application depends on the type of invention; in general, every
non-provisional patent application must include a claim and description of the
discovery or invention, an oath or declaration, drawings, and the required fee.
An inventor or innovator can also file an international patent application as
per the Patent Cooperation Treaty (PCT). For view source: https://www.kashishipr.com/blog/understanding-the-different-types-of-patents-under-the-patent-law-of-the-us/
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