The Different Types of Patents

patent2Welcome back to the blog series of ADLI Law where we are currently covering the many sides of intellectual property and how to protect it. Hopefully we’ve provided you with some insightful information that has helped you to better prepare for your patent and protection rights. In our last blog post we covered a few of the precautions that you should take before you begin the process of applying for a patent on your invention, and today we are going to break down the different types of patents so that you are well aware, and prepared, for the different patents that you can apply for.

Design Patent

This particular patent is so that creators are able to protect the appearance and design of a product that they’ve created. This particular patent only protects the physical appearance, not the structure in any way shape or form, literally. In order for the patent to be approved, the design needs to be entirely original and useful by the standards of the PTO.

Utility Patents

These are the patents that are most frequently applied for. This particular patent provides inventors who discover or create a new process, concept, machine, product or some other variation of the above, that is useful. This is determined by the PTO and follows particular guidelines in order to be accepted for patent protection. Over 150 thousand utility patents are filed for annually.

Plant Patents

While there is no way to invent a plant, the plant patent covers any individual who has discovered or asexulaly reproduced a new type of plant. This includes a few different types of plants, like cultivated sports, hybrids, mutants and any new seedlings that have been discovered and produce a new plant. Asexually plants are defined by this patent as any plant that is able to produce a plant with a means other than a seedling being planted. This could include layering, budding, grafting and cutting different plants to wind up with a new one, but it can not include seeds.

These are the three patents that we see are most commonly filed for. If you have any more questions regarding patents, how to apply for them and what the guidelines are, schedule an appointment with one of the patent litigation lawyers at ADLI Law. We would be more than happy to work through the process with you and ultimately help you protect the concept or product that you have designed.