How to understand different types of patents

There are four different types of patents, which include provisional patents, design patents, plant patents, and utility patents.

Before you begin the process of applying for a patent, you will need to know which patent to apply for in order to receive the proper patent.

Provisional patent

A provisional patent is one that allows the inventor to file without a formal patent claim. It also establishes a filing date for you. This way if you have an idea but you do not have the resources at hand or the time right now to file for a patent, you can apply for a provisional patent. However, one thing to remember is the when you are ready to file for the actual patent it should not be too much different from the description you provided on the provisional patent.

Utility patent

The most common patent is the utility patent, which is filed for the functional features of products and processes. This patent grants the owner the right to exclude others from creating, using, selling, or offering to sell the invention for a certain amount of time in the United States and its territories. In most cases, the patent is in affect for twenty years except in such cases of medical devices and drugs.

Plant patent

A plant patent is for new varieties of asexually reproduced plants other than tubers that are found in an uncultivated state. This patent grants the owner the right to exclude others from asexually reproducing the plant, selling, or using the plant in any fashion in the United States and its territories. The plants often seen in this type of patent include hybrids, seedlings, and more. The patent is in affect for twenty years.

Design patent

A design patent is for ornamental or aesthetic design of an object. This patent grants the owner the right to exclude others from creating, using, selling, or offering to sell the invention for a certain amount of time in the United States and its territories. One thing to remember is that this type of patent is for the appearance only and does not include the functionality of an object. If both the function of an item and its appearance are important, you can apply for both a design patent and a utility patent.

Just because you receive a patent for your product, this does not necessarily grant you the rights to create, use, or sell your invention. Other laws may apply such in the case of inventions whereas the manufacturing of the item may be dangerous. In this case, the manufacturing and use of the product may be prohibited under public health and safety laws.