Three types of patents. How to choose the right one for your invention.
Did you know that there are three primary types of patents? They are: utility patents, design patents, and plant patents.
Utility patents are the ones most commonly sought, and what most people are referring to when they say they have “patented” their invention. Utility patents cover things that function in some way to create a new utility. Mechanical devices, electronics, pharmaceuticals, business processes — essentially anything that can be made or fabricated would be appropriate for a utility patent.
Design patents cover the visual design of the invention — that is, the invention’s visual characteristics or ornamental shape / design. If you have an item that has a unique visual appearance (such as a unique shape or design for a telephone, water glass, computer case, etc.), that unique design can be patented by way of a design patent.
Plant patents, as the name implies, cover unique strains of plants — such as trees, flowers, shrubs, and vegetables.
Knowing the three types of patents will help you as your chart your course on the invention patent waters. Other articles here on my Web site will give you the information you need to write and submit your patent application. As always, glad to help!
– Eric
[...] types of patent applications in another posting on my Web site. Just click on the following link: http://patent-your-inventions.com/?p=28 [...]
I didn’t go far in school, but my mind hasn’t stop going.This is the first time in my life i’ve ever read anything online for this long.You’ve got my attention, I hope that if I follow you’re steps that im able to succeed with my many ideas. Thanks for the lift I’ll keep in touch.
I have a product that may help all hockey players around.
Eric,
I join the million of others who think this website is EXCELLENT and want to thank you for your unselfishness.
My Questions to you is this:
If i have an invention for an article of clothing like Spanks, which category would it fall under?
Thank you for your help!
~Justice
Eric,
Ignore the previously submitted question. I found the answer on a link that you provided.
But I still mean what I said about the website! LOL.
Take care,
~Justice
How many variations of an idea can I get on one patent? where can I get more info on this?
Hi Rita.
An important goal of all patent applications is to encompass as many variations of the invention as possible.
The variations of the invention are thoroughly described in the “Claims” section of a patent application. For more information regarding patent claims, check out the following section of my Web site: http://patent-your-inventions.com/?p=38
Glad to help!
– Eric
If I did a poor-mans patent, how long does that last?
Hi Jill.
Sorry to say, there is no such thing as a “poor mans patent”. Writing a letter to yourself, and sending it by registered or certified mail, does not help you acquire rights to your invention.
To make a long story short: A poor man’s patent is simply a myth that has been circulating for some time. The recommended steps provide no value.
Your best bet is to review the postings and materials on this Web site. I’ve tried my best to provide straightforward information on legitimate, tried-and-true methods for patenting inventions. I hope you find the information helpful.
Best of luck with your invention!
– Eric
Eric,
First off, I have found your posts to be of great help. Now down to the nitty gritty. I have been throwing around an idea for a new game. If it uses previously created components/equipment, but a completely different and unique rule set, can I use said components/equipment for my prototype?
For instance, if I develop a game using a baseball, can I include that in my prototype? Is that even a patentable idea?
I have perused patents on Google patents, and have found that many games patented are variations of other ones, in a sense.
Thanks for your time and knowledge, and hope to hear from you soon.
Gabe
Hi Gabriel. Thank you for your very kind words regarding this Web site and my postings.
This is a question I get quite frequently, so I guess I should create a top-line post on this topic.
In the meantime, check out the answer I gave Joseph in the following message thread: http://patent-your-inventions.com/?p=78. (Scroll down a couple of replies to see it.) In short, as I mentioned to him, it is possible to combine two or more existing products (even patented products) to create a new, patentable invention. However, you must — minimally — overcome the “unobvious” hurdle.
I’d recommend reading my other posts regarding “unobviousness” and the critical nature of this factor in regards to invention patentability. For instance, check out my top-line post entitled: “Is your idea patentable? Two vital things to consider…” Click on the following link to jump to the post quickly: http://patent-your-inventions.com/?p=35
Focus on the two vital aspects of a patentable invention, and see if your invention passes those tests. That will be a good starting point in your analysis.
I hope I’ve helped a bit.
Best of luck with your invention!
– Eric
Hi Eric,
I’m an inventor, although somewhat seasoned, I have a question. Can submit in one utility patent; the aparatus design, along with it’s various processes or do I need to separate them?
Robert
Eric,
I just came across your website and thought I’d run this by you…
I have an idea for the ‘new’ use of an expired product but don’t know the next steps to take to see my idea to its fruition.
(1) The product is not being made anymore so it cannot be purchased for its original intent.
(2) The ‘prototype’ I am in possession of to explain my ‘new’ idea I bought nearly 20 years ago.
(3) The original patent on the product was approved in 1980 so it has expired.
(4) I’ve had this idea for nearly 20 years when I actually used the product myself in my car for it’s ‘new’ purpose and it worked like a dream.
(5) For me, it’s hard to say if my ‘new’ idea would fail the unobvious test or not.
(6) I’d like to see it manufactured for automobile, boating, motorcyles, etc., but don’t know if I need to patent anything first, and if not, what to do next.
It’ll be interesting to see how to get a ‘new’ idea for an expired patent find new life. Even though someone might be able to say that its just a new purpose for an old expired product since NO ONE has figured this out yet, what can I do?
Thanks for your time!
Hi Robert.
If I understand your question correctly, you should be able to write a single utility patent using the “device and method” technique. For tons of examples, visit Google’s patent search engine and type in “device and method”.
Best of luck with your inventions!
– Eric
Hi Bonnie.
Interesting question. First off, you cannot patent a previously patented invention — even if it has expired. However, if you have discovered a truly new (and truly unobvious) use for the device, that may be the opening you need for a patent. This is a very tricky area, however — especially if the previous (originally patented) product is still available.
For instance, what would stop someone from learning about your new use — and simply buying the previous product and using it the new way? Even if you receive a patent on your new use, you’d have to find ways to stop others — everywhere — from using it the way you’ve disclosed. Given how fast word can spread, worldwide and instantly, via e-mail and the Web, you’d have a truly difficult time enforcing your patent.
Just something to think about as you explore your options. I wish you the best of luck in your invention endeavors!
– Eric
Eric,
First, thank you very much for your insight. Secondly, since the original product is no longer being made or manufactured, does that change anything?
I guesss, basically, I have an ‘original’ idea for use of this old, no-longer-being-made product and this old patented product happens to be my prototype and no longer available in the market. I’m either lucky I even have a prototype already handy or I’m unlucky in that the prototype proves that the product existed at one time and was patented.
So, maybe I’m just left with an idea that, beyond determining if it’s unobvious enough for a new patent, I need to present to the auto industry in some way that I can somehow still be part of the history to be made!
) Hmmmmm….are those ‘ideas’ patentable? (hehe)
Thanks again!
What a great website!!
Eric,
An idea came to me at work and a patent prospect just jumped out at me. Of course I am not sure if it’s already in existence or if I will be improving on an idea.
This is an idea on how to improve on a device in the Biomedical field. If something like what I have in mind could be purchase in a store it would probally cost about $2. However, I need a lot of guidance in writing the document. Is there any software out there that can help or do I just use MS word for formatting the document. Perhaps I need to look at some sample patent documents?
I am ready to get started on this and found your website to be a resevoir of good information. I am sure my prudcut would fall in the Design Patent category.
Any suggestions would be greatly appreciated.
KT
Hi Kathie. Thank you for your question. And congratulations on your biomedical invention.
Since you said you’re not sure if the device is already in existence, an easy step to start your research is using Google’s patent-search tool. Check it out at: http://www.google.com/patents.
As far as writing the patent documents, MS Word is just fine. That’s what I use. And, yes, reviewing other patents (particularly those in the biomedical field) will give you significant insights into the patent-writing process.
Give the above couple of steps a whirl. Let me know how your research turns out.
Best wishes with your invention!
– Eric
Eric,
I have a design patent that has recently passed the 14 year period. Would prospective companies when viewing my invention still consider my invention marketable? I have a company deeply interested in my invention.
I consider your information on the internet of great value and enjoy reading your information on the invention patent process.
Thank you for your time and your reply to my question.
Sincerely,
Bob
Hi Eric-
I recently won an antique device from the 19th century or earlier at an auction….no patent date or info on it. I’m an artist and would like to use this as kinetic art (it moves) without having a lot of people copy the device. Can I patent it, even though I’m not the inventor of the device? (it is very simple technology that someone thought of a long time ago…should I do a patent search first?)
Thanks, Duke
Hi Bob.
Just because your design patent is 14+ years shouldn’t, in and of itself, sway prospective companies one way or the other. If it represents some intellectual property (IP) that is desirous to them, I don’t believe there is any reason to hesitate.
Thank you for the very kind words about the information here. I wish you the best of luck with your prospect!
– Eric
Hi Duke. Thank you for your question.
To answer your question: No one can file a patent application on any device that has existed before (even if it was created hundreds of years ago). Once a device exists, it becomes part of the public domain forever…and can never be patented.
Glad to help. Best of luck in your artistic endeavors.
– Eric
Dear Eric,
I used a bound notebook this morning with pre-printed pages to write dowm my idea(s) and also drawings. I signed and dated each page and also wrote down the moment that the idea came to me. OK so far??? Next, I would like to know if one of the witnesses can be my husband? I had him to read the pages of concept, review drawings, and everything and he completely understands the concept and the drawings. Is it legal for a spouse to be a witness? Next, I am going to visit a trusted friend and ask them to also be a witness. Do you have any other advice to offer to me regarding witnesses? Thank you very much. Most sincerely, Rose Marie Copeland HAPPY NEW YEAR!
Hi Rose Marie. Thank you for the question.
Your process of using a bound notebook, signed by your husband is fine…but it’s even improved by your additional signing by a trusted friend. Nice approach.
You’re off to a great start! Good luck in your invention endeavor. Happy New Year to you, too!
– Eric
Eric:
Thank you so much for this informative website! I do have a question about something that was mentioned on here but I’m still not 100% sure…
I have an idea for a business that is 100% unique… I have done thorough researching on the internet and the patent office and have found nothing similar to this type of business.
However, I have no way of starting this business myself. Is there any way for me to patent a business process or idea so that I may try to either sell the idea or find investors without the idea being stolen?
Thanks again,
Jason
My husband is working on a new project that he’d like to patent. I’ve been researching your website for information to see if it’s possible. So far I haven’t found his item although I’ve seen similar attempts under previous patents which leads me to believe he wouldn’t pass the novelty section. What do you do if you have an item that is a variation/alteration of an existing item so that it can be used for a different product. My husband has step by step photos and dated drawings of his work and his boss and coworkers are also witness to the originality. I think it will sell. His boss, who is so excited about it let him work on it during regular work hours, knows someone who is willing to manufacture the item but I’m stuck on the patent part. How do we produce but protect at the same time? Would a design patent be the better route to follow? I love your website and admit I’ve been up most of the night reading it (I did get about 2 hours sleep ) trying to find the answers needed.
Eric,
This is a great website! First question, and sorry if this has been covered somewhere else. If I described my design and attached a drawing via email and then emailed to myself and someone else I trust, would this help in documenting when I came up with the idea?
Second question. My design has 2 distinct parts, but are used together for one purpose. Do I need to patent both parts? Probably a silly question, but I thought you would probably know. Thanks!
Doug
Hi Doug.
This is an excellent question. Thank you for posting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Dusty. Thank you for the very kind words. (And I hope you haven’t lost too much sleep browsing the site!)
You pose an excellent question. Thank you for submitting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric
Hi Jason.
This is an excellent question. Thank you for posting it.
I have just launched a new Web site — http://www.HowToPatent.pro — that encompasses all of the material on this site, plus will be my platform for information regarding a number of additional patent- and invention-related topics (such as invention marketing — which has been a very popular question). If I could ask a big favor for you to do a “copy ‘n’ paste” and post your question at http://www.HowToPatent.pro, that would be greatly appreciated. I will then respond to your question at the new Web site. Thank you, again!
– Eric