Friday, September 26, 2014

Groups Of Patent Protection

Patent protection ensures nobody will profit from stealing your idea.


Inventors understand that obtaining a patent is not an easy process. Lengthy and very detailed descriptions must be written out, along with any drawings that may be needed. Furthermore, what category to file the invention under may be uncertain. Knowing that the application process is difficult, the United States Patent Office (USPTO) offers guidance on go about categorizing your invention so you can obtain protection accordingly.


Design


A design patent protects the visual, ornamental design of the object you invented. For example if you invented a new cosmetic case, this category protects the visual aspects of the case. It does not protect the materials that the case is made of, or the locking mechanism, or the hinge. If you invented a new type of hinge for the case, you must file in another category for machine mechanism protection. Another example would be a new design of a clock face. You cannot invent a clock, since those were invented hundreds of years ago, but you can protect the artistic part of the face with a design patent. According to the USPTO, design patent protection lasts for 14 years from the date of issuance.


Utility


According to the USPTO, this is the most common type of patent application. A utility patent covers new machines, processes (new ways of making something), material composition or an improvement. An example of a process would be if you develop a system that reduces the time needed to build a car from one day to 10 minutes. If so, you can file for and obtain a utility patent. For an example of an improvement, suppose all the chairs in the world have only three legs. You invent a chair that has four legs, which improves stability. If so, you can file for and obtain a utility patent.


Plant


If you develop or cross-breed plants and develop a new type of hybrid, you can file for and obtain a plant patent. Several restrictions, however, are involved. First, the plant must be asexually reproduced. It must be other than a root-spread plant, such as potatoes or peanuts. Furthermore, the plant cannot be found in an uncultivated environment (naturally growing in the wild). Mutations can be covered by a plant patent, but only if the mutation could not occur naturally in the wild. An example of a hybrid is a tangelo, which is a cross between a tangerine and a grapefruit.