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IP guidePatents protect inventions: utility patents (functional, 20 years), design patents (ornamental, 15 years), plant patents (asexually reproduced plants, 20 years). USPTO is the federal agency that grants them.
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IP guide
Patent Basics · File.Business

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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Key facts

Start here.

Key fact
Three types

Utility (functional, 20 years), Design (ornamental, 15 years), Plant (asexually reproduced plants, 20 years).

Key fact
USPTO

United States Patent and Trademark Office grants US patents.

Key fact
Patentability requirements

Novel, non-obvious, useful, patentable subject matter.

Key fact
Timeline

Utility patent typically 18-30 months from filing to grant. Design patents faster (12-18 months).

Key fact
Cost

Utility: $10k-$30k+ including attorney fees. Design: $3k-$8k. Provisional utility: $1.5k-$4k.

In depth

The full picture.

01

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.

02

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.

03

Plant patents

Cover asexually reproduced plant varieties: hybrids, mutations, cultivated sports. 20-year term. Less common; mostly used by agricultural breeders.

04

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).

05

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.

06

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.

07

USPTO process

File application → assigned to examiner → first office action (often rejection) → respond with amendments → continued examination → eventual grant or final rejection. Appeals possible.

08

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.

09

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.

10

International protection

US patents are US-only. International protection requires foreign filings under the Patent Cooperation Treaty (PCT) or directly in each country. Costly.

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FAQ

Common questions.

Do I need a patent?
Patents are valuable when: (a) the invention is core to competitive advantage; (b) competitors might copy if not protected; (c) the patent strengthens fundraising or acquisition value. Not all inventions warrant patents.
Can I patent software?
Yes, but post-Alice (2014), pure software claims face heightened scrutiny. Successful software patents typically tie the invention to specific technical improvements, hardware, or unconventional combinations.
Can I patent a business method?
Difficult post-Alice. Pure business methods (organizing human activity) are typically not patentable. Tied to specific technology, possibly.
What is a provisional patent application?
A simpler filing that establishes a priority date. Must be followed by a non-provisional within 12 months. Useful for "patent pending" status during product development.
Can I file without a lawyer?
You can (pro se). Most inventors use a patent attorney or patent agent. Errors in claims can cost the patent.
How long does it take?
Utility: 18-30 months. Design: 12-18 months. Expedited examination available for some categories.
What does "patent pending" mean?
Filed application not yet granted. Marks the time during examination. Cannot enforce until granted.
What about international?
US patents are US-only. Other countries require their own patents. PCT route is common for cost-efficient global filing.

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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