In the world of innovation and invention, protecting your intellectual property is paramount. Patents provide a legal framework for safeguarding your ideas, products and processes. In 2020, the U.S. Patent and Trademark Office reported receiving 646,244 patent applications.
If you file an application, you have three choices: utility patents, design patents and plant patents. Choosing the right type of patent for your creation is important to ensuring the protection you need.
Utility patents
Utility patents are the most common type and are for novel and useful inventions or discoveries. They cover a wide range of innovations, including machines, processes, manufactured items and compositions of matter. If your invention offers a new and useful way of doing something, a utility patent is the appropriate choice.
Utility patents grant exclusive rights to make, use and sell the invention for 20 years from the date of filing. This exclusivity allows you to prevent others from making, using or selling your patented invention, providing a strong legal foundation for protecting your innovation.
To qualify for a utility patent, your invention must meet specific criteria. It should be entirely new and not an obvious improvement on existing technology.
Design patents
Design patents protect the ornamental or aesthetic aspects of an invention rather than its utilitarian function. These patents are ideal if you create unique and distinctive designs for products, such as the shape, surface ornamentation or visual appearance.
Design patents provide exclusive rights to the appearance of the invention for 15 years from the date of grant. While design patents do not protect the functionality or use of an invention, they prevent others from making, using or selling products with the same design.
Choosing a design patent is suitable when the visual characteristics of your creation are what set it apart and give it value.
Plant patents
Plant patents are for those in the field of horticulture and agriculture. They protect new and distinct asexually reproduced plant varieties, such as specific strains of fruit trees or ornamental plants.
Plant patents provide exclusive rights to the asexually reproduced plant for 20 years from the date of filing. These patents ensure you have the sole right to propagate, sell and use the patented plant variety.
Choosing a plant patent is relevant if you are in the business of breeding and developing unique plant varieties, particularly those that you cannot reproduce by seed. This type of patent allows you to have a competitive edge in the agricultural industry.
Selecting the right type of patent is essential to protect your intellectual property effectively. When making your choice, consider the nature of your invention, its unique attributes, and the goals you wish to achieve with your patent.
