Patent Types

Patent Types

The USPTO has defined four patent types. [1] The four patent types allow for exclusionary rights, rights awarded to patent holder to choose who can make, sell or use the patent. The scope of exclusionary rights is decided on a patent to patent basis. U.S. Code: Title 35 provides detailed explanations of patent law and patent types. [2]

Design Patent

Design patents cover new and original designs used for decoration in the manufacture of products. Exclusionary rights expire after fifteen years, if the patent application was submitted by or after May 13,2015. In any other case, the patent will be ineffective fourteen years after its date of issuance.

Plant Patent

Plant Patents are awarded only for new “asexually reproduced” plants that can be differentiated from previously discovered or invented species. Asexual reproduction could refer to reproduction by a newly designed lab procedure. For example, new hybrids or mutated plants are subject to plant patents. Exclusionary rights are given for twenty years after the date the patent application was filed.

Utility Patent

Utility Patents (Patents for Invention) cover new or improved processes, machinery, manufactured products (referred to as articles of manufacture in patent law), and new types of compounds or mixtures (referred to as composition of matter in patent law). The patent awards exclusionary rights for twenty years after filing the application and may require maintenance fees.

Reissue Patent

Reissue Patents correct errors in previously issued UPR (Utility, Plant, Design) Patents. Though the duration of exclusionary rights cannot change, Reissue Patents may alter who can be excluded from licensing of the patent.