Many different types of innovations and inventions can be patented in the United States. Nevertheless, there are certain things that generally cannot be patented; hence, it is important to have a baseline of knowledge of what qualifies for a patent before beginning the patent application process.
Different Types of Patents
Patents are typically broken down into specific patent types. The types of patents include:
- Design patents
- Utility patents
- Plant patents
Design and utility patents are, by far, the most common types of patents pursued in the United States.
Design Patent
Generally, a design patent protects the ornamental features of an invention, i.e., what it looks like. For example, you can get a design patent on a new lampshade as long as it looks different from other lampshades. Design patents can be used effectively to prevent direct knock-offs of an entire inventions as well as protect a portion of an invention, such as a bumper of a vehicle.
Utility Patent
Utility patents are used to protect processes/methods (a method of making a golf ball), apparatuses/machines (mechanical devices from hammers to rocket engines), and composition of matter (chemical structures in medication). Utility patents are the most common type of patent sought and apply to the broadest range of inventions. Depending on the type of utility patent sought, it may provide protection of the underlying invention or how the invention operates.
Plant Patent
A plant patent is typically pursued when you have created a brand-new plant subspecies. As you might expect, this type of patent is fairly rare. Nevertheless, if you are in need of a plant patent, make sure to retain the services of a patent lawyer who is experienced in this specialized area of patent law.
What Cannot be Patented
There are specific limitations on what can be patented in the United States. Why? Because your invention may actually be protected by another type of intellectual property protection, or your invention is not eligible for a patent for other reasons. For example, if you are looking to protect a business name or logo, then you need to secure a trademark, not a patent. Similarly, if you are looking to protect a piece of music, a photograph, or another type of artistic expression, then you need to secure a copyright, not a patent.
A trickier aspect of patent law arises with phone applications (i.e., apps). It is important to understand that, in general, anything that is new and useful is likely eligible for a patent. However, being “useful” is insufficient. This is particularly true of software and types of phone applications. The inability to patent a phone app is because, in many instances, they are just spreadsheets on steroids that are presented in an easier-to-read-or more understandable format. Hence, the USPTO may not always consider a phone app to be an invention.
Have Questions about the Patent Application Process? Contact the Highly Reputable Omni Legal Group Today
If you have an invention and want to obtain a patent, retaining the services of a reputable and experienced patent attorney is extremely important. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.