What Are the 3 Kinds of Patents as Defined by the USPTO?

The United States Patent and Trademark Office (USPTO) grants three main types of patents: utility patents, design patents, and plant patents. Each type of patent protects a different aspect of an invention or discovery.

Utility Patents

Protect the way an invention works, how it is made, or how it is used.
Cover inventions such as new machines, processes, compositions of matter, or improvements to existing inventions.
Last for 20 years from the date of filing.

Design Patents

Protect the ornamental design of an invention.
Cover the appearance of an invention, such as its shape, configuration, or surface ornamentation.
Last for 14 years from the date of issuance.

Plant Patents

Protect new and distinct varieties of plants.
Cover the entire plant, including its flowers, fruits, and leaves.
Last for 20 years from the date of issuance.

The type of patent that is right for you will depend on the nature of your invention or discovery. If you are unsure which type of patent to file, you should consult with a patent attorney.

To learn more about patents and the patent process, visit the USPTO website at https://www.uspto.gov/.

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