Types of Patents

A smart inventor knows that patenting usually comes near the end of the inventing process.  After you have come up with an idea, checked for other patents that are similar to your idea, talked to manufacturers about what they are looking for, created a working prototype and talked to manufacturers some more, it may be time to consider a patent.  It is important to improve your concept and make sure it’s as good as you can make it before even thinking of trying to get it patented.  

So what is a patent exactly?  A patent is defined as the exclusive right granted by a government to an inventor to exclude others from making, using, or selling their invention for a certain number of years.   It is one of the ways to protect an invention from unauthorized selling or from being copied.  The following are the three types of patents issued in Unites States of America.

Utility patents
Utility patents are the most common patents obtained by inventors. They are obtained by those who invent or discover a new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvement thereof.  This type of patent focuses mainly on how something works. Utility patents could cover mechanical devices, chemical compositions, pharmaceuticals or even software. Another characteristic of a utility patent is that it always involves a detailed written description of the invention. These patents can also be obtained for the functional aspects of an invention.

Design Patents
The second type of patent available to inventors is the design patent. They may be granted to anyone who invents a new, original and ornamental design for an article of manufacture.

Plant Patent
The third and final type of patent obtainable in the United States is the plant patent. The plant patent is the rarest form of patent used. They exist only in a very limited field. For example, if a person invented a new hybrid type of sunflower plant, then they would need a plant patent for their invention.

To better explain all three patents it helps to visualize an invention.  For example, if someone invented a new type of wallet, then the design patent would cover the looks of it, and the utility patent would cover what makes it work (zippers, clasps, or velcro). The plant patent would obviously not apply to this type of invention.

In 2000, the cost of obtaining a patent was an estimated $10,000 to $30,000 per patent in the United States, although they can run more if litigation is forced upon the inventor.

There are many aspiring inventors out there.  In order to spend their time and money wisely, it is crucial for them to understand when and how to patent.  Many people believe that patenting their idea right away is what they need to do and this is not always the best idea.  Smart inventors and reputable inventing companies know that it is best to leave the patenting towards the end of the inventing process, after the idea has been improved and perfected as much as possible.  When the time finally comes, understanding these different types of patents will come in handy.