There are three main types of patents in the United States: utility, design, and plant patents. Each protects a different aspect of an invention, from how it works to how it looks or is produced. Understanding the type of patent that best applies to your invention is critical, especially for California-based inventors looking to stay one step ahead in a competitive market. Though patent law is governed on a federal level, those in California must carefully select the correct patent type to best protect their intellectual property. An Orange County, California patent lawyer from our firm can tell you more about the types of patents and whether your idea could be eligible for patent protection.

Which Types of Patent Protect Inventions?

A utility patent is also known as a “patent for invention.” This type of patent is specifically designed to protect new inventions or improvements of existing products. You can even patent a new process that can be used by an existing invention.

There are some rules, though. The idea you have cannot just be new. It has to be useful. So let’s say you invented a new process, but it’s less efficient than an existing one. You probably won’t be able to patent your process because it’s just not useful. Your idea also cannot be an obvious variation of an existing invention or technology. This means that your idea is actually novel, and not something that others in your industry could have discovered on their own.

Utility Patents

  • Protect functional inventions and processes
  • Generally applies to machines, methods, or improvements
  • Requires the invention to be new, non-obvious, and useful
  • Generally lasts 20 years from the date on which the patent was filed
  • The most common type of patent filed in the United States

Do Any Types of Patents Protect Designs?

You don’t have to invent a whole new process or item to get a patent. Patents can also be used to protect a specific type of design. Perhaps appropriately, we call this a design patent.

So if you have come up with a cosmetic and non-functional upgrade for an existing product, that is something that you can patent. Again, there is a requirement that your idea be new and non-obvious.

Design Patents

  • Protects the appearance and design of a product
  • Does not provide protection for the function
  • Covers shape, decorations, and configurations
  • Also requires novelty and non-obviousness
  • Lasts 15 years from the date on which it is granted

What Other Types of Patents Exist?

One type of patent many people do not know about is a plant patent. You can actually patent newly discovered plants and get the exclusive rights to sell or reproduce them. There are certain restrictions, but if you believe that you have created a new type of plant, you should look into patent protections.

Plant Patent

  • Protects new and distinct plant varieties
  • Most likely the result of asexual reproduction
  • Generally utilized in the agricultural and horticultural industries
  • Does not cover genetically modified processes
  • Generally lasts 20 years from the filing date

How Do I Apply for a Patent?

Prior to applying for a patent, you must determine whether or not your invention is unique and meets the eligibility requirements for patent protection. This process generally involves multiple steps and strict requirements established by federal law.

Patent Application Process

  • Conduct a patent search to confirm eligibility
  • Review your eligibility requirements in accordance with the USPTO
  • Prepare and draft the patent application with considerable detail
  • File your application online or via mail
  • Respond to the USPTO office actions
  • Pay any required filing and examination fees

Cost Considerations

  • Patent applications can cost several thousand to over $20,000
  • Costs will depend on:
    • The complexity of the invention
    • The type of patent application you are filing
  • Errors or unintentional omissions can result in:
    • Delays
    • Application rejections

Why Do I Need a Lawyer?

You have your idea, and you have the Internet at your disposal. Do you really need a lawyer to file for patent protection? Can’t you just fill out some forms and start monetizing your invention?

Unfortunately, the patent process is not always easy. You have to do some extensive research first to figure out if your idea can be patented. There’s also a lot of paperwork to deal with and you may have to respond to the United States Patent and Trademark Office if they have issues with your application. It just makes much more sense to approach this with the help of an experienced patent attorney.

Reasons to Work with a Patent Attorney

  • Helps determine the correct patent type
  • Reduces risk of application errors and rejection
  • Handles the complex USPTO office on your behalf
  • Can provide strategic advice on issues that arise
  • Ultimately, it saves time and reduces the long-term cost of a patent application

Talk to a Patent Lawyer

If you have an idea or an invention that could be valuable, do not let someone else copy it. Contact Burns Patent Law and ask our team about the patent application process. We can help you apply for all sorts of patents, so make sure that your intellectual property is well-protected today.