Patent Types

Depending upon the business or individual need, the US patent and trademark office issues several types of patents.  The patent seeker would base the type he or she needed on the kind of protection that particular patent offered and what subject matter it covered.  Below, you will find an explanation of the types of patents there are and what they are primarily used for.

Utility Patent

A utility patent is the kind of patent a business or individual would apply for to cover a new invention.  This may include an upgraded form of something that has already been invented.  The utility patent protects the invention from other individuals and business and keeps them from making and selling the invention for up to 20 years.  This is one of the most popular types of patents and is the one most often applied for. 

An example of someone who would need this type of patent is if someone created a clothes dryer that was able to automatically fold the clothing it had just dried.  This would be an improvement of an existing invention.

Design Patent

A design patent is typically the kind of patent a business or individual applies for when they have created an original design of a product that will be manufactured.  This type of patent keeps other businesses and individuals from creating or making a profit from the design for at least 14 years from the patent date. 

One example would be if an individual created a design for a machine that could teleport humans – this would be a completely original design and therefore, would require a design patent. 

Plant Patent

A plant patent is the kind of patent an individual or business would apply for if they had invented or discovered a new or unheard of plant.  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 patent date.

These different types of patents are all for the purpose of protecting an original idea and the individual who had that idea.  They keep others from being able to capitalize on that idea for a significant amount of time – and patents can be reissued before the original patents expire.

By obtaining a patent for an idea or an invention, individuals can protect their rights to the sole profits from that invention or idea and keep others from laying any claim at all to the idea or invention.  It’s always advisable to obtain a patent and to speak with an attorney who is knowledgeable of patents, so that the individual can ensure his or her protection at all times.

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