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Archive for the ‘Utility Patent vs. Design Patent’ Category

Utility vs. Design Patent Protection

Let us start by looking at the at the different types of patents that are available – These are utility patents, design patents, and plant patents. Plant patents are very rare. As the name suggests, a plant patent is used to protect newly developed plants. My practice focuses on utility and design patents and these will be discussed below: Utility Patents – The vast majority of new inventions should be protected with a utility patent. A utility patent protects the function of an invention. Utility patents are granted for any new, useful and non-obvious process, machine, manufactured article, or composition of matter. Patents are also granted for new and useful improvements to existing inventions. How long does utility patent protection last? The term of a utility patent is 20 years from the date of filing. For twenty years, the inventor is given the power to exclude anyone from making, using, or selling his or her invention. Design Patents – Unlike […]