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What are the Different Types of Patents?

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  • Post published:December 19, 2023
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Last Updated on May 31, 2024 by Kanakkupillai

Patents are super important for protecting inventors and creators. They give inventors special rights so no one can copy, use, sell, or bring in their invention for a while. This helps push new ideas and lets inventors benefit from their smarts. Although there are many patents for various types of innovations, patents are universal. In this tutorial, we’ll go into those kinds, their importance, and how to get them.

Different Types of Patents

Different kinds of patents are made to protect different cool ideas. Here are the main types:

  1. Utility Patents: Utility patents are the usual ones, and they cover new and helpful things like processes, machines, stuff we make, and even materials. They last for 20 years from when you file them.
  2. Design Patents: Design patents look after the special and fancy look of something, not how it works. They stick around for 15 years.
  3. Plant Patents: Plant patents go to inventors who’ve made brand-new plant varieties without using seeds. They last for 20 years from when you file them.
  4. Software Patents: Even though it’s not its own category, software patents look after new and handy software tricks, like processes, algorithms, and computer programs.
  5. Biotech Patents: Patents on biotechnology shield novel therapeutics and genetically engineered creatures, among other intriguing biotech innovations.
  6. Provisional Patents: Inventors who get provisional patents have a year to prepare their complete patent application. They come in useful when an idea requires protection right now but isn’t quite ready.
  7. International Patents: There isn’t a certain kind of patent known as “international patents,” although the Patent Cooperation Treaty exists. (PCT). It lets inventors protect their inventions in many countries using just one application.
  8. Defensive Patents: Defensive patents aren’t for suing others—they’re more like a warning sign. Companies get these to stop others from suing them for breaking patents.

1. Utility Patents

Utility patents are like the MVPs of patents—they’re common and cover a bunch of cool stuff. They protect new and useful things like processes, machines, items we make, and even materials. You get exclusive rights for 20 years once you file for it. During this time, you can tell others they can’t make, use, sell, or bring in your invention. Utility patents often have different subcategories, too.

  1. Method Patents: These cover fresh and helpful ways of doing things, like industrial methods, making stuff, or treating things. For instance, a method for purifying oil would fit into this group.
  2. Machine Patents: Machine patents look after brand-new and handy machines or mechanical gadgets. It can be anything from a fancy piece of manufacturing gear to a basic handheld tool.
  3. Article of Manufacture Patents: Article of manufacture patents safeguard new and helpful things we make or products. They range from regular stuff we use daily to cool gadgets or innovative tools.
  4. Composition of Matter Patents: These patents look after brand-new chemical mixtures, formulas, or compositions. They’re usually used for fresh pharmaceuticals or inventions in chemistry.
  5. Patentable Plants: Plant patents, a utility patent, take care of brand-new plant varieties made without seeds. This category lets inventors patent the new plant types that they’ve created.

Getting a utility patent means going through a detailed application process. You gotta give a full description, explain the importance, and sometimes even show pictures of your invention. The US Patent and Trademark Office (USPTO) handles this in the US. Your invention must be new, not too obvious, and useful to get that patent protection.

2. Design Patents

Design patents are all about how things look—their form and appearance, not their functionality, in contrast to utility patents, which concentrate on how things perform. They are very popular in fields where a product’s appearance greatly influences how well-liked it is. For example, a phone’s design or an automobile’s headlight form may be eligible for a design patent.

An awarded design patent has a 15-year expiration date. They are essential for preserving intellectual property, even if their lifespan is not as long as utility patents. They support companies and innovators in protecting the distinctive designs of their goods.

To get a design patent, you must provide very clear sketches or images of your creation. These images are a component of your patent submission. The US Patent and Trademark Office (USPTO) examines these images to determine if your design is novel and not overtly conspicuous.

3. Plant Patents

Plant patents are a special type that covers brand-new plant varieties made without seeds. They’re big in farming, gardening, and studying plants. These patents give inventors special rights to grow, use, and sell their new plant types.

 To patent a plant variety, it’s gotta meet a few rules:

  1. It must be brand-new, different, and not already out there or discussed.
  2. The variety needs to be made without seeds.
  3. It can’t have been found growing wild. Plant patents last for about 20 years from when you apply. But here’s the thing: they don’t cover plants made with seeds or ones grown from tubers. Those can be protected under the Plant Variety Protection Act (PVPA).

4. Software Patents

 Software patents aren’t their own separate thing—they’re part of utility patents. They protect new and helpful software tricks, like processes, computer programs, and cool algorithms. In today’s tech world, these patents are super important for keeping digital ideas safe.

To get one of these patents, inventors have to prove their software idea is new, not too obvious, and actually useful. They gotta give a detailed description and explain what makes their software special.

Software patents can get pretty complicated because tech keeps changing, and software is always evolving. That’s why they often end up in legal debates and face challenges to ensure they’re legit.

5. Biotech Patents

Biotech patents look after cool inventions in biotechnology, like GMOs, medicines, ways to diagnose things, and treatments. They’re a big deal in biotech and pharma because there’s always new stuff happening in medical science and genetics.

Getting these patents is tricky. Inventors gotta show lots of scientific proof that their idea is new and actually works. Biotech patents often need lots of tests and data from experiments to prove they’re safe and work well.

6. Provisional Patents

Provisional patents are like a quick fix for inventors who’ve got an idea but haven’t totally finished it. It’s like putting a pin in it—they get a date for filing without doing all the official stuff for a full patent application.

Provisional patents have some perks:

  1. Priority Date: The day you file a provisional patent becomes the main day for your later full patent application.
  2. One-Year Time: You have a year after the provisional patent to finish and file the full one.
  3. Saves Money: They’re cheaper to file and give you quick protection.

But here’s the thing: Provisional patents don’t give you patent rights alone. They’re like a temporary fix that gives you time to prepare your invention before filing the real patent application.

7. International Patents

Applications for PCT (Patent Cooperation Treaty) patents, often called international patents, are a means of obtaining patent protection in several nations with a single application. PCT facilitates international patent applications. Inventors can use one application that counts everywhere.

Here’s how the PCT process rolls:

  1. Filing the PCT Application: The World Intellectual Property Organisation (WIPO) or the national patent office of the inventor’s country receives the PCT application.
  2. International Search: They check if the invention can actually get a patent.
  3. International Publication: The details of the invention are shared for other countries to review.
  4. National Phase: After that, it’s time to get individual patents in the countries they want to protect their invention.

International patents are a smart and cheaper way to safeguard inventions globally. But, a heads-up: PCT applications don’t give you international patents. They kick off the process of getting patents in different countries.

8. Defensive Patents

Defensive patents are like a shield that companies use smartly. They’re not about suing others for breaking patents—they’re more about stopping others from suing them. It’s a way to keep trouble away.

Here’s how defensive patents work:

  1. Dodging Lawsuits: Defensive patents make it less likely for others to sue the company. If they try, the company can fight back using its own patents.
  2. Sharing Tech: Companies can swap patents with each other using defensive patents. That way, they can use each other’s cool ideas without worrying about getting sued.
  3. Power Move: With many defensive patents, a company gets a better spot in its industry and keeps its place in the market safe.

Tech companies often use defensive patents, especially in areas where patent fights happen. These patents are like a safety net, helping companies dodge expensive legal fights and get extra power when negotiating.

Inventing and creating new things is amazing, but protecting those ideas is equally crucial. Patents act as guardians, ensuring that the brilliance of inventors and creators doesn’t get copied or stolen. Understanding the different types of patents, from utility to design, plant, software, biotech, and more, is like knowing which armour to use in different battles.

Whether it’s safeguarding how something works, looks, or operates in the digital world, patents provide a shield against unauthorized use. They’re not just about legal rights; they empower inventors to benefit from their genius and encourage others to develop even more awesome ideas.

Remember, patent registration is not only about protecting creations but also about fueling innovation. By knowing the ropes of patent protection, inventors and creators can confidently steer their way toward a world where fresh ideas thrive and are shielded, allowing the human spirit of discovery to soar.

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Iram

Greetings, I'm Iram, a taxation expert with a profound passion for helping businesses navigate the complex world of tax compliance and financial strategies. With extensive knowledge in tax law and a commitment to providing businesses with the guidance they need, I'm here to be your trusted partner in achieving financial success. I firmly believe that every business owner, regardless of their background, deserves access to expert taxation advice and strategies. My goal is to support you in optimizing your tax planning and compliance efforts, ensuring that your business thrives in the competitive landscape. I am honored to be part of your journey toward financial success through this blog, where I'll share valuable insights and strategies tailored to your taxation needs. Thank you for entrusting me with the opportunity to contribute to your business's financial prosperity. For more information and resources, please visit www.kanakkupillai.com.