Types of Patents
As a lawyer, I can advise that there are three main types of patents that one can obtain for their invention, which are utility patents, design patents, and plant patents.
1. Utility Patents
They are the most common and cover the functionality of an invention, such as machines, processes, and compositions of matter. To be eligible for a utility patent, the invention must be novel, non-obvious, and useful. This type of patent lasts for 20 years from the date of filing the application and is subject to payment of maintenance fees.
2. Design Patents
They cover the ornamental design of an object, such as the shape, configuration, or surface ornamentation. Design patents are granted for a period of 15 years from the date of filing the application and do not require maintenance fees. For a design patent, the design must be original and non-functional.
3. Plant Patents
They are granted for new and distinct varieties of plants that have been asexually reproduced. Such plants include trees, shrubs, and flowers. Plant patents have a term of 20 years and require payment of maintenance fees.
It is essential to note that the process of obtaining a patent can be complicated and lengthy. To ensure that you are entitled to a patent, it is recommended that you seek the services of a licensed patent attorney who can help you with the patent application process, including searches and examinations.
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