Often mentioned in the same breath as “patents” are “inventions.” This is because typically, someone patents their new invention, original idea, or unique method at inception. The patent application process is dictated at the national level. In the United States, the U.S. Patent and Trademark Office (USPTO) has the authority to grant patents. Globally, the Patent Cooperation Treaty (PCT) gives inventors the ability to file one international patent application for protection in numerous countries concurrently. It is important to keep in mind that patents are not everlasting and have expiration dates.
There are three major types of patents: Utility, Design, and Plant. Each of these categories has a long definition and specific application processes. This can include turning in drawings and schematics, and possibly an examination from a government agent.
Inventors can check if other, similar patents have already been filed by checking a Patent Office Directory. The USPTO has a guide and list of directories on their website along with a helpful tutorial. Similarly the World Intellectual Property Organization (WIPO) offers comparable resources.
In discussing what can be patented, it may be easier to state what is not eligible for patentability:
- Human beings
- Creations of Art
- Mathematical Models
- Plans
- Schematics
- Mental Processes
Having a patent gives the owner exclusive, and legally defensible, rights and permissions regarding the patented subject in question. Holding a patent prevents others from using, producing, and selling the same or similar items. Registering a patent gives you legal rights to protect your invention. That’s why it is recommended to register the patent either by yourself or with the expert’s help.
The patent holder can prevent others from making, marketing, and selling the same item or items that are “overly” similar and infringe upon their unique patent.
Filing a patent is the best way to protect your intellectual property. Whether you do this on your own or with professional help, a patent will secure your invention and your rights.
Here’s an in-depth look at each of these major types of patents:
Utility Patents
According to the USPTO, Utility Patents are one of the most common types of patents that protect novel and important inventions for example machines or processes. It has two types: provisional and nonprovisional. Provisional utility patent application lapse after 12 months after its filing date in the USA. Therefore, the owner must file a relevant non-provisional application before the existing provisional application expires.
Starting with the provisional application is easy and cheap to officially begin the process of getting a patent. It gives a date that shows when you first applied and is used later for submitting the complete application. In the United States, a utility patent lasts for 20 years.
A complete application for a utility patent should contain the following list:
1) Utility Patent Application Transmittal Form or Transmittal Letter
2) Appropriate Fees
3) Application Data Sheet
4) Specification (including the description, at least one claim, and an abstract)
5) Drawings (when necessary)
6) Executed Oath or Declaration
7) Nucleotide and Amino Acid Sequence Listing (when necessary)
8) Large Tables or Computer Listings (when necessary)
Design Patents
According to the USPTO, a Design Patent is one of the three major types of patents for the designs on an item, not the item itself. This includes how the item is decorated or shaped.” An important note is that “design is inseparable from the article to which it is applied and cannot exist on its own. In other words, an object is eligible for both types of patents if it has the required characteristics. Design patents filed in the U.S. after 2015 last for only fifteen years. Design patents are not eligible to be provisional.
A complete application for a design patent should contain the following list:
1) Design Application Transmittal Form
2) Fee Transmittal Form
3) Application Data Sheet
4) Specification (preamble, cross-references, statement, feature description, a single claim)
5) Drawings or Photographs
6) The Inventor’s Oath or Declaration
Plant Patents
The USPTO defines a plant patent as one given new and unique asexually reproduced plant. This includes plants that are hybrid, cultivated sports, mutants, and newly discovered seedlings, but it excludes tuber and the plants found in the wild. Once you file a plant patent, you can get protection for up to 20 years.
A plant is a living organism that has a specific genetic makeup or genotype, and it can be reproduced through methods like cloning. However, it can’t be manufactured or “made” in other ways. Like utility patents, plant patents can be provisional or nonprovisional Their application methods are very similar, with plant patents requiring some extra material.
A complete application for a plant patent should contain the following list:
1) Plant Patent Application Declaration
2) Specification
3) Oath or Declaration
4) Drawings or Photographs
5) Complete Botanical Description (genus and species, habit of growth, cultivar name, etc.)
6) Examination
There are further requirements for what meets the description of asexual reproduction, some acceptable methods are:
- Rootings/cuttings
- Grafting/budding
- Apomictic Seeds
- Bulbs
- Division
There are a great many details regarding plant patents, and those seeking one out need to be fastidious in their record-keeping and organization of details. There are many requirements for patentability, as made clear above. The inventor working with plants needs to be attuned to their charges and knowledgeable of their care.
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Conclusion
Obtaining one or more of the major types of patents—utility, design, and plant—involves a lot of paperwork and fees. It can even require upkeep with filing and maintenance fees to get the maximum allowable benefits and protections. Note that utility and plant patents can be provisional or nonprovisional. Provisional applications cannot be filed for design inventions.
However, having a patent offers the inventor the crucial time to be the sole developer of their product. Those years of protected manufacturing can be all the difference in establishing a business, reputation, and loyal customer base. Without the patent, as soon as someone else gets wind of your good idea they can start stocking their shelves with it. They can reap all the profits that should have been yours.
Filing a patent is the best way to protect your intellectual property. As we’ve seen, there are many benefits to owning a patent and controlling the market around your invention.
Frequently Asked Questions
1. How long does it take to get a patent?
Many factors including the types of patents being applied for are taken into consideration before granting the patent and therefore it takes an average of 15 years to get it.
2. How much does it cost to get a patent?
The cost depends: you can file by yourself or hire an attorney. It starts around a few hundred dollars and can go up to thousands.
3. Can I patent the same thing again?
No, once your patent expires, you cannot file another patent for the same thing. If you make a new enough improvement, however, you can patent that.
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