The inventor who understands the basics of patents and knows how to use them effectively has a huge advantage with regards to protecting their invention in the future. Investing a little time into learning how to use each kind of patent application will allow any inventor to use his or her inventions more effectively to protect them.
The Types of Patents Are Divided Into Three Categories:
This is one of the most common types of patents that people think of when they think of patents. An instruction manual is a long, technical document that tells the public how to use a new machine, process, or system. Genetic engineering and internet-delivered software are just a couple of examples of new technologies that are challenging what types of inventions can become protected by utility patents. A utility patent consists of the following components:
Processes: Any method or act of doing something, usually involving technical or industrial steps, can be described as a process.
- Compositions of matter: Essentially, a composition of matter utility patent refers to a combination of substances and ingredients that produce a new chemical compound, including a combination of the ingredients and substances used to make the compound.
- A manufacturing process refers to a process which has to be performed on a product before it can be manufactured.
- A machines utility patent can cover anything that is primarily viewed as a machine – for example, computers, refrigerators, air conditioners, etc.. – and they would all qualify under this category.
Design is the “surface ornamentation” of an object in a patent. An object invented or enhanced should be described in detail, including its shape and configuration. In order to qualify for the protection of a design patent, the design of a product must be inseparable from the object in order to qualify for such protection. In spite of the fact that the object and design should be in sync, the design patent is only granted to protect the appearance of the object, and therefore protects only that appearance. An application for a utility patent can, however, protect both the functional and structural aspects of the invention.
A Plant Patent:
When someone discovers a new, distinctive plant that hasn’t been seen or heard of before; they can obtain a third kind of patent – the plant patent. In order to apply for a plant patent, it must fit the requirements under the plant patent laws. Uncultivated plants, as well as those grown from tubers, cannot be patented, because they cannot be grown from seeds. It should only be reproduced asexually. The act of reproducing by cutting or grafting, as opposed to through seeds, as opposed to sexual reproduction. The practice of asexual reproduction must be followed for plant patents, which usually exclude genetically modified organism plant patents is primarily on unconventional horticulture. Like Utility patents, currently there is no provision for plant patents in India and you can apply for the same in Australia, USA and several European countries.