Patent basics. Utility, design, and plant patents.
Patents are federal IP protection for inventions. Three types: utility patents (functional inventions, 20-year term), design patents (ornamental designs, 15-year term), and plant patents (asexually reproduced plant varieties, 20-year term). The USPTO examines and grants patents. Patentable inventions must be: novel (new), non-obvious, useful, and patentable subject matter (no abstract ideas, natural phenomena, laws of nature).
Start here.
Utility (functional, 20 years), Design (ornamental, 15 years), Plant (asexually reproduced plants, 20 years).
United States Patent and Trademark Office grants US patents.
Novel, non-obvious, useful, patentable subject matter.
Utility patent typically 18-30 months from filing to grant. Design patents faster (12-18 months).
Utility: $10k-$30k+ including attorney fees. Design: $3k-$8k. Provisional utility: $1.5k-$4k.
The full picture.
Utility patents
Cover new and useful processes, machines, manufactures, or compositions of matter. The most common type. Examples: a new battery chemistry, a new manufacturing process, a new software algorithm (with limits post-Alice v. CLS Bank), a new pharmaceutical compound. 20-year term from filing date.
Design patents
Cover ornamental designs of functional items. Examples: the shape of a Coca-Cola bottle, the design of a chair, the appearance of a smartphone bezel. 15-year term from grant. Faster and cheaper than utility patents.
Plant patents
Cover asexually reproduced plant varieties: hybrids, mutations, cultivated sports. 20-year term. Less common; mostly used by agricultural breeders.
Patentability requirements
(1) Novelty: not previously disclosed in any publication or use anywhere in the world. (2) Non-obviousness: not an obvious variation of existing technology to a person of ordinary skill. (3) Utility: must have a useful application. (4) Patentable subject matter: not abstract ideas, natural phenomena, or laws of nature. Software and business methods face heightened scrutiny post-Alice (2014).
Provisional patent application
Filed quickly and cheaply (~$1,500 in fees). Establishes priority date but does not start examination. Must be followed by a non-provisional application within 12 months. Useful when you need a priority date but are not ready for full application costs.
Non-provisional application
The "real" application that gets examined. Includes detailed specification, drawings, claims (the legal boundaries of the patent). Filed with USPTO. Examiner reviews; office actions are issued; back-and-forth typically takes 18-30 months.
USPTO process
File application → assigned to examiner → first office action (often rejection) → respond with amendments → continued examination → eventual grant or final rejection. Appeals possible.
Cost
Utility patent total: $10,000-$30,000+ over the prosecution period, including USPTO fees and patent attorney fees. Design patent: $3,000-$8,000. Plant patent: similar to design.
Term and maintenance
Utility: 20 years from filing date. Maintenance fees due at 3.5, 7.5, and 11.5 years. Without payment, patent expires. Design: 15 years from grant. Plant: 20 years.
International protection
US patents are US-only. International protection requires foreign filings under the Patent Cooperation Treaty (PCT) or directly in each country. Costly.
Common questions.
What is a patent?
What can be patented?
What are the types of patents?
How long does a patent last?
Do I need a patent search first?
Should my LLC own the patent?
What is the difference between a patent and a trademark?
How much does a patent cost?
Can File.Business help with the business side of my invention?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
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