Patent basics. Utility, design, and plant patents.
Patents are federal IP protection for inventions. Three types: utility patents (functional inventions, 20-year term), design patents (ornamental designs, 15-year term), and plant patents (asexually reproduced plant varieties, 20-year term). The USPTO examines and grants patents. Patentable inventions must be: novel (new), non-obvious, useful, and patentable subject matter (no abstract ideas, natural phenomena, laws of nature).
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Utility (functional, 20 years), Design (ornamental, 15 years), Plant (asexually reproduced plants, 20 years).
United States Patent and Trademark Office grants US patents.
Novel, non-obvious, useful, patentable subject matter.
Utility patent typically 18-30 months from filing to grant. Design patents faster (12-18 months).
Utility: $10k-$30k+ including attorney fees. Design: $3k-$8k. Provisional utility: $1.5k-$4k.
The full picture.
Utility patents
Cover new and useful processes, machines, manufactures, or compositions of matter. The most common type. Examples: a new battery chemistry, a new manufacturing process, a new software algorithm (with limits post-Alice v. CLS Bank), a new pharmaceutical compound. 20-year term from filing date.
Design patents
Cover ornamental designs of functional items. Examples: the shape of a Coca-Cola bottle, the design of a chair, the appearance of a smartphone bezel. 15-year term from grant. Faster and cheaper than utility patents.
Plant patents
Cover asexually reproduced plant varieties: hybrids, mutations, cultivated sports. 20-year term. Less common; mostly used by agricultural breeders.
Patentability requirements
(1) Novelty: not previously disclosed in any publication or use anywhere in the world. (2) Non-obviousness: not an obvious variation of existing technology to a person of ordinary skill. (3) Utility: must have a useful application. (4) Patentable subject matter: not abstract ideas, natural phenomena, or laws of nature. Software and business methods face heightened scrutiny post-Alice (2014).
Provisional patent application
Filed quickly and cheaply (~$1,500 in fees). Establishes priority date but does not start examination. Must be followed by a non-provisional application within 12 months. Useful when you need a priority date but are not ready for full application costs.
Non-provisional application
The "real" application that gets examined. Includes detailed specification, drawings, claims (the legal boundaries of the patent). Filed with USPTO. Examiner reviews; office actions are issued; back-and-forth typically takes 18-30 months.
USPTO process
File application → assigned to examiner → first office action (often rejection) → respond with amendments → continued examination → eventual grant or final rejection. Appeals possible.
Cost
Utility patent total: $10,000-$30,000+ over the prosecution period, including USPTO fees and patent attorney fees. Design patent: $3,000-$8,000. Plant patent: similar to design.
Term and maintenance
Utility: 20 years from filing date. Maintenance fees due at 3.5, 7.5, and 11.5 years. Without payment, patent expires. Design: 15 years from grant. Plant: 20 years.
International protection
US patents are US-only. International protection requires foreign filings under the Patent Cooperation Treaty (PCT) or directly in each country. Costly.
Common questions.
Do I need a patent?
Can I patent software?
Can I patent a business method?
What is a provisional patent application?
Can I file without a lawyer?
How long does it take?
What does "patent pending" mean?
What about international?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
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