Types of Patents

• A patent grants an individual exclusive intellectual property rights. There are three different types of patents available. The utility patent, the most popular patent granted, is available for new inventions, machines or inventions that improve upon something already in existence. A design patent is given to new, ornamental designs created specifically for a product. A plant patent is slightly different, since it is given for either the creation or discovery of a new plant.
  
  

Utility Patent Process

• To obtain a utility patent, an inventor must first check to be certain the patent does not already exist. If this invention will be relevant worldwide, you should file for international protection. There are two types of applications that may be filed: provisional or non-provisional. A provisional application costs less initial money but must be followed up by a non-provisional application within 12 months of the filing date. Both applications are extremely detailed and it is recommended that you obtain a patent attorney.
  
  

Design Patent Process

• A design patent protects the appearance of an article and may be applied for in conjunction with a utility patent. The design must be original and not a recreation of something that occurs naturally. Designs which may be deemed offensive by others are not eligible for patents. The application must include a title and accurate description of the representation. Drawings or photographs are accepted with applications. Although representation is not required, the U.S. Patent and Trademark Office strongly encourages you to have a patent attorney or agent.
  
  

Plant Patent Process

• Plant patents are granted to inventors who create or discover new asexually reproduced varieties of plants. This does not include potatoes or edible tubers. Patent rules also state that the plant must not have been available or for sale in the United States for a period exceeding one year prior to the patent application. Plant patents are good for a period of 20 years, after which the patent becomes public domain.
  
  

Existing Patents

• The United States Patent and Trademark Office allows people to search their online database for existing and pending patents. Information is also available in the database about patents that are expired or withdrawn, as well as fee schedules and forms. You can save time and money by researching this process thoroughly and consulting an attorney or agent prior to submitting an application.