For an invention to obtain patent grants, it should be novel and non-obvious. There are basically three types of patent – Utility Patent, Design Patent ,and Plant Patent. Each of these types of patents have different requirement and protect different types of invention only. It is important to note that the inventor can apply for different types of patent for a particular invention. For instance, if a person discovers a new product and he wishes to secure the invention on the basis of function aspect and design aspect. In this case, the applicant can apply for both utility patent and design patent. This article informs readers about the different patent types.
Understanding the Different Types of Patents
There are commonly three types of patents. Let’s take a closer look to understand them in a better way.
- Utility Patent – The most common type of a patent is the utility patent. This patent type includes composition of the invention, the functioning and working of the invention. In short, a utility patent covers the process or working of an invention. For instance, if you have invented a new hair dryer, you can get a utility patent for its mechanism. The validity of a utility patent is 20 years and after that, it expires.
- Design Patent – The applicant can apply for a design patent. The design patent protects the design of a product. It does not protect the functional aspect of the invention. You will get a design patent for those products which are useful. The validity of a design patent is 14 years. After the lapse of 14 years, the design patent will have no validity left.
- Plant Patent – To protect new plants, a plant patent can be obtained. To obtain this kind of patent, there are a few requirements. To begin with, the plant can be produced asexually. Along with that, it could not be produced in an uncultivated state.
Why You Should Know About Different Kinds of Patent?
You will need to patent your invention if you want no one else to use your invention. A Patent protects the intellectual property, which in many ways, can benefit you in terms of monetary aspect. Since there are different kind of patent available, you need to have accurate information about those to file a patent application. The USPTO will disapprove your patent application if you are filing a design patent application for an invention whose design is not unique.
You can file both – utility patent and design patent if the structure of your invention is unique. To achieve a utility patent right, your invention should have industrial applications which are new. So, if your invention qualifies for both, it makes sense to apply for both these patents.
Thus, it becomes important for you to know about the types of patent. Also, knowing about these patent will allow you to file for the correct patent application. With that said, you should also know about the requirements for each type of patent.
Related Article – What is a Patent Number? How To Find A Patent Number?
When You Should File A Patent?
If you want to protect your invention, you should file your patent application as soon as possible. The USPTO grants patent rights to those applicants who file the patent application first. In order to understand it better, let’s take an example. Suppose you have invented a new invention and do not file a patent to secure it. Another inventor files a patent application on the same invention, the USPTO will grant patent right to him/her only.
Filing a patent application is a long process. The earlier you start filing a patent application, the earlier you will get patent grants.
Why You Should Hire PDC?
Registering your patent will require you to have a deep understanding of the technical and legal subjects. The Patent Drafting Company comes to your rescue by providing end to end solution to cater to your needs. We have a team of experts who have hands on experience with filing patent application and most importantly, making it enforceable to get patent grants.
Our teams bring forth their expertise and skills in offering you world-class IP experience without any hassle. While we take the onus of registering your patent, we make sure to do it at an optimal price that’s in the budget of clients. PDC has been offering its services in more than 45 countries around the globe, making it one of the most reliable firms to work with.
What’s holding you back? Delegate your task of patent registration to us and we will make sure to get this done effectively.
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