What are the different types of patents for New Inventions?

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The three legal classes of patentability are:


  • Utility Patents: Granted to inventions that involve a new and useful process, device, machine, manufactured item, chemical compound or formula. Utility patents, which apply to virtually anything that can be made, are granted for a period of 20 years from the date of filing a patent application, after which the patent to an invention becomes public property.
  • Design Patent: Granted to a new, original or ornamental design for a manufactured item. Patents on ornamental designs last 14 years, and they protect only the appearance of the item.
  • Plant Patent: Granted to an invented or discovered new plant variety that can be asexually reproduced. Plant patents are granted for a 20-year period.

Another option to consider is a provisional patent application, which allows the term "Patent Pending" to be applied to the invention for one year. It can be filed at a lower cost, but the patent office does not review the content during its first year and it expires after its one-year lifetime. Therefore, the provisional application must be replaced with a conventional patent application within one year of its filing. A provisional application does not have to satisfy the same legal requirements, such as the necessity for patent claims. Nonetheless, the relationship between a provisional patent application and a utility patent application is very complex, especially if an invention changes before the provisional patent application is converted to a utility application. In this case, a reputable patent attorney or agent should be consulted.



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