What are utility design and plant patents?

Utility patents, which generally cover how an invention functions or how an invention is made. Design patents, which cover the ornamental, non-functional features of an invention. Plant patents, which cover certain newly discovered plants.

What is the difference between a utility patent and a plant patent?

In the United States, there are three broad categories of patents: utility, design, and plant. [iii] A utility patent generally covers some new and useful functional thing, such as a tool or a computer program. And a plant patent covers a new plant that has been made by a person.

What is a plant patent example?

Examples of plant patents include a new & distinct cultivator of African violet (#5,383), a variety of almond tree (#5,382), & a chrysanthemum plant named Organdy (#5,278)”.

How do you tell if a patent is a design or utility?

You can tell if a patent is a utility or design patent by looking at the patent number. If the patent number starts with a “D,” (ex. D91823) then it is a design patent, if the patent number is only comprised of numbers (ex. 8,029,027), then it is a utility patent.

Can you have a design and utility patent?

Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article may not be easily separable.

What are the different types of patents discuss with the help of examples?

The three types of patents are utility patents, design patents, and plant patents. Utility patents are issued for inventions that are novel and useful. Design patents protect the design or image of a product. Plant patents are issued to applicants for plants that can reproduce.

How many utility patents are there?

U.S. Patent Statistics Chart Calendar Years 1963 – 2020

Year of Application or Grant	Utility Patent Applications, U.S. Origin	Utility Patent Grants, All Origin Total
2018	285,095	307,759
2017	293,904	318,828
2016	295,327	303,049
2015	288,335	298,408

What are the different types of patents with examples?

What are 3 types of patents?

There are three types of patents: utility patents, design patents, and plant patents. Each type of patent has its own eligibility requirements and protects a specific type of invention or discovery; however, it’s possible for one invention or discovery to potentially have more than one type of patent available for it.

What is the difference between a design and utility patent?

If a utility patent is ultimately issued by the USPTO, it will carry a term of 20 years from the earliest filing date, with maintenance fees due at 3.5 years, 7.5 years and 11.5 years from the date of issuance. Design patents cover the ornamental or non-functional aesthetic features of an invention, or otherwise, the look or shape of the invention.

What is an example of a design patent?

Design patents cover the ornamental or non-functional aesthetic features of an invention, or otherwise, the look or shape of the invention. As an example, the non-functional shape of a computer mouse may be the subject of a design patent application, so long as that shape is new and nonobvious.

Do I need a plant patent?

In addition to applying for a plant patent, an inventor might also need to apply for a utility patent or a design patent to fully protect the plant. For example, if the new plant variety has a unique appearance, the inventor would want both a plant patent and a design patent. 4

How do I qualify for a utility patent?

To qualify for a utility patent, the invention must fall within at least one of the following statutory categories: When filing a utility patent application, inventors have two options, at least initially — a provisional patent application or a non-provisional patent application.

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