What are the Different Types of Patents for Small Businesses?

August 2, 2018

Plant patents, utility patents and design patents are among the three common types of patents. Having a patent will allow you to protect any new discoveries and inventions that you may create. With each patent comes its very own requirements for admissibility. A single patent extends protection to inventions and related discoveries made.

Though each patent has its own requirements, a single invention or discovery can have multiple patents to protect its authenticity. There is a need to have two patents when seeking to protect a newly invented object’s design and functional features. This would be a design patent and a utility patent. Patent lawyers are available to help you find to patent right for you.

The Plant Patent

Plant patents are necessary to be acquired when seeking to protect newly discovered plants with their own distinctive traits. To successfully acquire a plant patent, the plant can not be a tuber propagated plant. Finding the plant in an uncultivated state will render the plant ineligible for a plant patent. Asexual reproduction must be a characteristic of the plant. Asexual reproduction shows that you can produce the plant yourself by cutting it.

The Utility Patent

The utility patent protects machines, useful manufactures that are new, matter and its composition and processes. The definition of a machine is summed up as things commonly known to be machines. Computers are an example of a machine. Methods and acts of doing are known as processes. New chemical compounds and compositions that may include multiple components are compositions of matter.

The Design Patent

Design patents are necessary when seeking protection for an object’s shape and configuration. It is a requirement that the object not be able to be separated from its design. Design patents only extend protection for the objects appearance. Only utility patents can offer protection for the onboard functions of the said object. A separate patent application is necessary.

Patent Protection and How to Obtain One with Patent Lawyers

Applications are required to get any type of patent. Applications must be filed with the United States Patent and Trademark Office. Individuals interested in acquiring a patent have access to both provisional and non-provisional patents. Our Dallas patent attorneys can aid you in choosing the right application for your needs. When needing more time to understand the details of an invention or discovery, provisional patent applications are ideal for this situation. While you are taking the time to understand your invention, it will be protected under this application throughout the process of working out all the details. During this time no one else will be able to patent the same object.

When you are ready to begin the process to officially obtain your patent, the non-provisional patent application is where you will need to start.  Stephen Kennedy can help you through this process. This process will determine if the invention meets the standards to receive a patent. Once you have received your patent, patent infringement attorneys are available to help prevent other individuals from receiving commission off your invention without your permission.

To get started with our small business patent process, please contact our attorneys today.

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