Three types of patents. How to choose the right one for your invention.

Did you know that there are three primary types of patents? They are: utility patents, design patents, and plant patents.

Utility patents are the ones most commonly sought, and what most people are referring to when they say they have “patented” their invention. Utility patents cover things that function in some way to create a new utility. Mechanical devices, electronics, pharmaceuticals, business processes — essentially anything that can be made or fabricated would be appropriate for a utility patent.

Design patents cover the visual design of the invention — that is, the invention’s visual characteristics or ornamental shape / design. If you have an item that has a unique visual appearance (such as a unique shape or design for a telephone, water glass, computer case, etc.), that unique design can be patented by way of a design patent.

Plant patents, as the name implies, cover unique strains of plants — such as trees, flowers, shrubs, and vegetables.

Knowing the three types of patents will help you as your chart your course on the invention patent waters. Other articles here on my Web site will give you the information you need to write and submit your patent application. As always, glad to help!

– Eric

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4 Responses to 'Three types of patents. How to choose the right one for your invention.'

  1. How to write a patent application | How to Patent Your Inventions - March 4th, 2010 at 3:25 am

    [...] The hardest part of the entire patent process is coming up with an invention that is patentable.  Once the “ah-ha” spark of an invention idea hits you, see if it passes the two critical hurdles of patentability at this post:   http://howtopatent.pro/2010/03/three-types-of-patents-how-to-choose-the-right-one-for-your-invention... [...]

  2. Want to patent an idea? Here’s what you need to know… | How to Patent Your Inventions - March 4th, 2010 at 3:27 am

    [...] types of patent applications in another posting on my Web site. Just click on the following link: http://howtopatent.pro/2010/03/three-types-of-patents-how-to-choose-the-right-one-for-your-invention... [...]

  3. Kelly - July 13th, 2010 at 2:51 pm

    Hi Eric,
    I am not sure wether I should be applying for a utility patent or a design patent. My invention is to enhance a product that is already in the market…What do you suggest?

  4. Eric - August 19th, 2010 at 11:51 am

    Hi Kelly.

    I’ve written a post that should greatly help you out in your decision. Please check out http://www.howtopatent.pro/2010/03/three-types-of-patents-how-to-choose-the-right-one-for-your-invention/

    Glad to be of assistance!

    – Eric


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