The 3 Types of Patents and How They're Used

What are the different types of patents?

There are many types of patents, but most inventors need to know about three: utility, design, and plant patents. Each protects a different kind of invention. Savvy inventors can utilize these three main patent applications to secure the rights they need to protect their inventions. They can even use multiple patent filings to mitigate risk, hedge a bet, or expand patent protection.

1. Utility patent

Utility patents protect new and useful processes, machines, or inventions. Utility patent applications are what most people think of when they think about a patent. It's a long, technical document that describes how to use a new machine, process, or system. The kinds of inventions protected by utility patents are defined by Congress.

• Eligibility criteria: Your claimed invention must be new, useful, and non-obvious. It must also work the way you describe it in your application. You can’t patent ideas, natural discoveries, or inventions that already exist.
• Duration: Utility patent protection typically lasts 20 years from the date you filed the application, but you must pay maintenance fees to keep them active. If you miss a payment, your patent may expire early.
• Patent examples: Light bulbs, electric vehicle batteries and charging innovations, and bagless vacuum cleaners are a few examples that would fall under this type of patent application. New technologies like genetic engineering and internet-delivered software are challenging what kinds of inventions can receive utility patent protection.

2. Design patent

Design patents offer protection for an ornamental design on a useful item, such as its shape, pattern, or surface design, rather than how it works. If you create a new look for an everyday item, a design patent keeps others from copying it. The document itself is almost entirely made of pictures or drawings of the design of the useful item. Design patents are notoriously difficult to search simply because there are very few words used in a design patent.

• Eligibility criteria: Your design must be new, original, and ornamental. It cannot affect how the product functions. If the design is purely functional, you may need a utility patent instead.
• Duration: Design patent protection lasts 15 years from the date protection is granted and does not require maintenance fees.
• Patent examples: The shape of a bottle or the design of a shoe can be protected by a design patent. In recent years, software companies have used design patents to protect elements of user interfaces and even the shape of touchscreen devices.

3. Plant patent

A plant patent protects new kinds of plants produced by cutting, grafting, or other nonsexual means, including newly found seedlings. Plant patents generally do not cover genetically modified organisms and focus more on conventional horticulture.

• Eligibility criteria: The plant must be a distinct and new variety that is asexually reproduced. Naturally occurring plants, those grown from seeds, and tuber-propagated plants typically do not qualify.
• Duration: Plant patent protection lasts 20 years from the date the application was filed and does not require maintenance fees.
• Patent examples: Different varieties of apples and roses are often protected by plant patents. Hybrid vegetables, like tomatoes or kiwis, also fall under this type of patent.

Other specialized patents

There are other patent types that apply to specific industries and jurisdictions. These specialized patents help protect discoveries and processes that may not fall under standard patent categories.

Biological patents

These patents protect inventions in biotechnology, such as genetically modified organisms, lab-created bacteria, or unique DNA sequences used for medical or agricultural purposes. This type of patent ensures that only the patent holder can reproduce, sell, or distribute the biological innovation.

Business method patents

These patents cover new and innovative ways of conducting business and often involve technology or financial systems. Unlike standard utility patents, these patents focus on how a business operates rather than a physical invention.

Software patents

These patents protect new algorithms, coding processes, or software applications that provide a unique solution to a technical problem. This type of patent needs to be written in a very specific way to pass a review by the patent examiner. It’s often smart to contact a patent attorney.

Petty patents

Also known as innovation patents in some countries, these protect smaller inventions or incremental improvements to existing products. These patents usually have a shorter lifespan than utility patents but offer a quicker and more affordable way to protect minor innovations.

What is a provisional patent?

A provisional patent is a less formal document that proves the inventor was in possession of the invention and had adequately figured out how to make the invention work. It isn’t actually a patent type at all, but a temporary application that affords inventors an extra year of time in order to decide if and how to file a utility patent.

 Once a provisional application is on file, the invention is patent pending. If the inventor fails to file a formal patent claim within a year of filing the provisional application, they will lose this filing date. Any public disclosures made relying on that provisional patent application will then count as public disclosures to the USPTO.

Say you’re hard at work beating eggs with a whisk when you realize that if you curve the tines and flatten them slightly, you could produce delicious scrambled eggs in half the time. You have three design concepts for your egg beater that you want to test, so you include drawings and a description of each in a provisional patent application. 

Your provisional application gives you a year to learn more about the device and the possible market. You would then file a utility application for the egg beater that performs the best.

As you weigh the different types of patents, keep in mind that formal patent claims have consequences. The Trademark Office publishes utility patent applications a few months after they are filed. At that point, your application is considered “prior art,” which means the information it contains can be used to reject future applications if they are too similar. Be sure you have a good patent strategy to avoid tripping over your own inventions.

Protect your invention with a patent

The United States patent law offers three main types of patents. You can use them to get the right protection for your particular invention and as part of your broader strategy to get a return on your investment. At LegalZoom, we make the patent application process easier by helping you file the right paperwork and guiding you every step of the way. We can help you file a provisional application, get a utility patent, or apply for a design patent. We’re here to help you secure your invention.

FAQs

What is the strongest type of patent?

While design and plant patents also protect intellectual property, a utility patent is considered the strongest because it protects how an invention works, giving the owner broad rights to prevent others from using or selling the idea. It offers protection for up to 20 years.

Is a patent stronger than copyright?

A patent protects inventions, while a copyright protects creative works like books, music, and art. If you want to protect a new product, machine, or process, a patent is stronger because it prevents others from making, using, or selling your invention. Copyright, on the other hand, only protects the way something is expressed, not the underlying idea or function.

What is a reissue patent?

A reissue patent allows you to correct errors in an already granted patent. If you realize that your original patent has mistakes, such as incorrect claims or unclear descriptions, you can apply for a reissue to fix them. However, you cannot broaden the scope of the original patent.

Can I apply for more than one type of patent for the same invention?

Yes, you can apply for both a utility and a design patent if your invention has a unique function and a distinctive look. For example, a new type of medical device with a unique shape and function may qualify for both. Holding multiple patent types provides stronger protection against competitors copying different aspects of your invention.

Can a patent be renewed after it expires?

No, once a patent expires, it cannot be renewed, and the invention becomes public domain. However, if you make substantial improvements to the invention, you may be able to apply for a new patent on the modified version. In general, patents have a fixed lifespan that begins at the filing date.

Joe Runge Esq., contributed to this article.