Patents are an intellectual property that can protect your inventions & new discoveries that are new and non-obvious. There are 4 types of patent i.e. Utility, Design, Plant & Provisional Patent. All type of patent has its own eligibility specifications and protects a particular kind of invention. However, it’s possible for one invention to likely have more than one kind of patent available for it. But before discussing the types of patent understand what is patent & what can be patented.
What Is a Patent
A patent is a right given to an inventor by the federal government that allows the inventor to eliminate others from making, selling or using the invention for some time. The patent system is created to support inventions that are novel and useful to society. In simple words, a patent is a grant of security for an invention. It’s permitted by the USPTO and has a duration of 14 to 20 years after that apply for its renewal. Owning a patent delivers you the right to prevent someone else from creating, using or selling your invention without your approval.
Examples of Patentable Items
These kinds include practically everything created by humans and the methods for making the products. Examples of things that are patentable are :
- Computer software and hardware
- Chemical formulas and processes
- Genetically engineered bacteria, plants, and animals
- Medical devices
- Furniture design
- Fabrics & fabric design
- Musical instruments
Types of Patent
A utility patent is the most basic kind of patent that people seek. This kind of patent covers methods, compositions of matter, machines, and manufacturers that are new and useful. A utility patent can also be obtained for different and useful changes to existing processes, forms of matter, machines, and manufacturers. Processes relating to any acts or ways of doing something, normally including industrial or technical processes.
Compositions of matter are chemical compositions, which can add a mixture of ingredients or new chemical compounds. Machines involve things that are usually described as a machine, such as a computer, while manufactures are described as goods that are manufactured or made. In short, The most basic type of patent, these are given to new machines, chemicals, and processes.
Design patents are given in association with a new, original, and ornamental design that is included within or applied to something that is produced. They are less costly and simpler to get than a utility patent. They are also the kind of patent that is limited often sought from the USPTO.
A design patent permits the owner to eliminate others from making, using, or selling the patented design for 14 years from the date the patent is allowed. There are no maintenance fees connected with this kind of patent. Given to preserve the unique features or design of manufactured objects, such as the surface ornamentation or overall design of the object.
A provisional patent can be taken to provisionally secure a filing date for 12 months. A provisional patent is a fast and economical way to originally protect your invention. Along with restricted rights before choosing to file for a full patent. United States law provides inventors to register a less formal document that explains the inventor had the invention. And had well figured out how to make the invention work. Once that is on file, the invention is patent pending. If, though, the inventor fails to file a formal utility patent in a year from filing the provisional patent. He /she will lose this filing date. Any public declarations made relying on that provisional patent application will now include public disclosures to the USPTO.
A plant patent is given to a person who creates or discovers and asexually reproduces any different and unique variety of plants. Basically, a plant patent is just that a patent for a plant. Plant patents guard different kinds of plants created by cuttings or other nonsexual means. They generally do not include genetically altered organisms and concentrate more on conventional horticulture. This can involve sports, hybrids, seedlings, mutants, and cultivations, other than plants seen in an uncultivated state or that are potatoes or good tuber propagated plants.
The owner of a plant patent can prohibit others from making, using, or selling the plant for up to 20 years from the date the owner files a patent application.
If a Creator believes someone has used his or her patented invention without authority, he or she may take action upon the infringer. If the court allows, it may give the patent holder costs, attorney’s fees, losses in an amount equivalent to a reasonable royalty, and an order (an order restraining another person from violating the patent). The patent holder may prefer to claim the infringing party to stop his or her activities and to get compensation for the illegal use. Since intellectual property is overseen by federal law, the patent holder needs to sue the unofficial party in federal district court.
Patent holders must bring infringement actions within 6 years from the date of infringement. If the action is not made in this time limit, it is time-barred, enacting the infringement. While patent litigation continues much like any other federal case. The complex legal issues encompassing patent validity and infringement are kept for the court’s determination.
How to Get Patent Protection
Regardless of the kind of patent you are seeking, patent protection can only be taken by applying with the USPTO. There are both provisional and non-provisional patent applications accessible to patent-seekers. A provisional patent application can be registered to provide the applicant with more time to figure out the specifics of the creations while preserving the discovery from being patented by someone else. A person who files a provisional patent application has 1 year from the date of filing to register a corresponding non-provisional application.
The non-provisional patent application starts the official examination process for the USPTO to decide if a design or discovery is likely to get patent protection. Although the information that must be involved in the patent application will depend on the kind of patent that is being sought. Non-provisional patent applications will typically involve information and claim of the invention or discovery, drawings, a declaration, and fees. As per the Patent Cooperation Treaty (PCT), a person can also register an international patent application.
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