An Overview of the Different Types of Patents
As explained by the United States Patent and Trademark Office (USPTO), a patent is a legal right granted by the government that gives an inventor exclusive control over the use, making, and selling of their invention for a set period of time. There are actually different types of patents. Businesses and entrepreneurs need to know exactly what they are applying for when seeking protection. Here, our Florida IP lawyer provides an overview of the different types of patents.
Utility Patents
Utility patents are the most common type of patent. The USPTO estimates that around 90 percent of all patent applications received each year are for utility patents. A key point to know is that a utility patent protects new and useful processes, machines, manufactured items, or compositions of matter. Beyond that, it also can be used to protect innovative improvements to a patent. For example, a new type of engine or a software-based process could be covered under a utility patent. Utility patents last for 20 years from the date of filing. If you have any questions about filing an application for a utility patent, we can help.
Design Patents
The second most common type of patent in a design patent. Slightly fewer than ten percent of all patent applications are for design patents. It is a type of patent that protects the ornamental appearance or aesthetic design of a functional item. Put another way, it does not protect the function itself. For example, the unique shape of a bottle or the layout of a smartphone interface could qualify. Design patents are often used in industries like fashion, consumer products, and electronics. These patents last for 15 years from the date of issuance. Notably, unlike utility patents, they do not require maintenance fees. If you have any questions about design patents, an experienced patent lawyer can help.
Plant Patents
Finally, there is a specialized and less common type of patent that is specifically for plants. Plant patents protect new, distinct, and asexually reproduced plant varieties, such as hybrid flowers or fruit trees. Asexual reproduction means the plant is reproduced by means other than seeds (e.g., cuttings or grafts). Why does that matter? It will ensure that the plant is genetically identical. These patents last for 20 years from the date of filing. While they are less common, they are important in agriculture and horticulture.
Contact Our Florida Patent Litigation Attorney for a Confidential Consultation
At Perkins Law — Brand Protection, our Florida intellectual property lawyer goes above and beyond to provide top-tier legal advocacy. Do you have questions or concerns about patent law? We are here to help. Contact us today for a fully confidential case review. We provide patent law services throughout Southeast Florida, including in Miami-Dade County, Broward County, and Palm Beach County and beyond.
Source:
uspto.gov/patents/basics
