section-4d46312
There are three types of patents (Utility, Design, and Plant patents), and three types of patent applications:
- Provisional patent applications,
- Non-provisional or regular patent applications, and
- International or Patent cooperation treaty (PCT) patent applications.
Utility patent:
Utility patents are granted for inventing a new or improved and useful process, machine, article of manufacture, or composition of matter. This is the most common type of patent.
Design or Industrial Design patent:
Design patents are granted for inventing a new, original, and ornamental design for an article of manufacture. These protect the aesthetic or decorative aspects of an invention.
Plant patent:
Plant patents are granted for inventing or discovering and asexually reproducing any distinct and new variety of plants. These patents cover new plant breeds that are created through human intervention.
Provisional Patent Application is an informal and simple patent application that does not require claims, yet allows for obtaining a “patent pending” as soon as it is filed. It also allows for establishing an early filing date for the invention, protecting the invention from copying by others.
A description of your invention along with a few clear illustrations depicting the invention can often be enough. Filing a provisional patent is also much less expensive than a full patent.
However, a provisional patent automatically expires after 12 months and is important to file for a nonprovisional patent application prior or to its expiration.
Non-Provisional or Regular Patent Application is the formal submission that details how to make and use an invention. A non-provisional utility patent application typically includes the following components:
1) Specifications, which is a detailed description of the invention;
2) Claims, which define the boundaries of the invention that the inventor wishes to protect;
3) Drawings, which are necessary to show and describe the invention;
4) Names of inventors, which must include only the true inventors;
5) Oath or declaration by the inventors that they are true inventors;
6) Fees as requested by a particular patent office, and
7) Appointment of a patent agent or patent lawyer, if applicable.
International or Patent cooperation treaty (PCT) patent applications allows more time to the inventor to file the same application in many countries. A regular or non-provisional patent application allows only 12 months from time of filing in one country to file in other countries, whereas a PCT allows for 30-months to file in other countries.
Life of a Patent
Utility and plant patents are valid for up to 20 years from the filing date of the first non-provisional patent application. A design patent is valid for 15 years from the date of grant. To keep the utility patent in force, you must pay maintenance costs on a set schedule after it is issued.