Patents Types

Patents are vital legal instruments that grant inventors exclusive rights to their inventions by preventing the unauthorized use, manufacturing, or sale of the claimed invention. There are three main types of patents, each serving a distinct category of invention.

Utility Patents

Utility patents protect how one or more embodiments of an invention function. In other words, utility patents protect how the claimed invention works. Utility patents are issued for new and useful inventions or improvements thereof, including processes, machines, manufactures, or compositions of matter. For an invention to receive a utility patent, it must be novel, non-obvious, and practical. The term of a utility patent is typically 20 years from the filing date.

Design Patents

Design patents protect the ornamental or aesthetic aspects of an article of manufacture. Design patents address visual rather than functional attributes. The claimed design must be new, non-obvious, and purely ornamental. These designs may include unique product shapes, graphical interfaces, and specialized packaging. The term of a design patent is 15 years from its grant date.

Plant Patents

Plant patents are awarded for the discovery or invention of a new and distinct variety of plants. Eligible plants must be novel, distinct, non-obvious, and asexually reproducible. These plants encompass genetically modified organisms, hybrids, and new seedlings, including innovations in orchids, roses, almonds, and genetically engineered crops. The term of a plant patent is 20 years from the application filing date.

How TCP Law Can Help

Choosing the appropriate patent type is crucial for inventors and businesses aiming to protect their intellectual property and gain a competitive edge. Whether it's a utility patent for a functional invention, a design patent for ornamental design, or a plant patent for a new plant variety, securing the proper patent ensures the protection and potential financial benefit of innovative ideas.

A patent attorney at TCP Law can help identify which patent types will best fit your needs and can then prepare, file, and prosecute your patent applications.

For assistance with patent applications or with any other patent issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.