Different types of patents

Designed to encourage innovation, a patent is a form of an intellectual property granted by the government to an inventor. It gives the inventor the exclusive right make, use and sell their patented product. Like any other properties, a patent can be bought, sold, or licensed. The assistance of a patent lawyer or agent can be invaluable throughout the life of a patent.Depending on what an inventor is trying to protect, different types of intellectual property should be considered. In the US, there are three different types of patents, including utility patents, design patents, and plant patents. In Canada, a utility patent is simply considered a patent, a design patent is known as an industrial design and plants are protected through the Plant Breeders Act. Here's all you need to know.Image source: https://commons.wikimedia.org/

Utility Patents (Patents)

A utility patent, or simply a patent, is the most common type of patent that people opt for when protecting an invention. It covers all aspects of a machine, ranging from its manufacturing to its processing and ultimate application. It can be either filed for ‘novel machines’ or for inventions that improvement in the existing machines or the processes these machines are utilized for. These patents may also be acquired for manufactured articles or compositions of any matter, which includes the chemical composition or a mixture of ingredients for a substance or a compound that is developed industrially.A provisional patent may be filed prior to the filing of a utility patent and is basically a less formal form of the utility patent. The provisional patent provides the inventor with an early priority date for their invention and gives the inventor one year to file a non-provisional patent. Consider enlisting the assistance of a patent lawyer or agent for best results.

Design Patents (Industrial Designs)

An industrial design, or design patent, protects the design of an item. The design is defined as the "surface ornamentation" of an object. This design includes the shape, size, form, or the configuration of the product. A necessary condition here is that the design must be inseparable from the object. The industrial design protects only the design on the object, not the object itself. A utility patent must be filed to protect the object too. Drawings and images of the design are a core part of the documentation of an industrial design. Over time, industrial designs have evolved from innovative designs on a bag or a purse to user interface layouts and shapes of touchscreen devices by software companies.

Plant Patents (Plant Breeders Act)

The Plant Breeders Act provides protection for new plant species. The main requirements for protection include:

1. The plant must be new. A plant can be sold in Canada for up to one year prior to obtaining a filing date. The plant may also be sold outside of Canada for 4 - 6 years depending upon the variety of plant.
2. The plant should be distinct. The plant variety must be measurably different from all varieties of common knowledge which are known to exist at the time of filing.
3. The variety should be uniform. The plant should be sufficiently uniform and any variations should be predictable to the extent that it can be described by the breeder and be commercially acceptable.
4. The plant variety should be stable. The characteristics of the plant should remain stable with successive breeding.

In our globalized economy, a patent can be invaluable to an individual or business. A patent must be novel and have some useful purpose. Patent lawyers and agents can assist with the patent process and help identify the best type of protection for your invention. Contact us to learn more about the patent process and whether or not it is the right choice for you and your business.