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Q:  What types of patents does the USPTO issue and who can file for a patent?

A:  There are three types of patents issued by the USPTO: utility, design, and plant.

Although the procedures for each are similar, each type has specific requirements. For example, both plant and design patents are limited to one claim, whereas utility patents may have an unlimited number of claims.

1. Utility patents include patents granted for inventions relating to any useful and new process, article of manufacture, machine, or composition of matter, or any useful and new improvement thereof. It generally governs the functional aspects of a machine, manufacturing process, article made, method of use, or composition of matter. The term of protection for a utility patent is 20 years from the date the patent application is filed.
    
2. Design patents cover ornamental features of a manufactured item and may be granted to any person who creates a new, non-obvious, original, and ornamental design for an article of manufacture. This is separate and distinct from the functioning parts and features of a manufactured item, which would instead be covered by a utility patent. Design patents contain only one claim, which itself describes the ornamental design or appearance of an article. The term of protection for a design patent is 14 years from the grant date. The numbers of all design patents begin with "D" to designate them as design patents.
    
3. Plant patents encompass asexually reproducing plants and may be conveyed to any person who invents or discovers and reproduces asexually a new and distinct type of plant. Plant patents have only one claim and their term is 20 years from the date of filing.

Any natural person who invents a machine, composition of matter, a process, an article of manufacture or an improvement thereof can file a patent application. The person filing must be the inventor, with certain specific exceptions. Corporations are not natural persons; therefore, they cannot file for an invention, even if it was created by an employee.

To learn more, please visit the LawForChange Topics in Depth page on intellectual property.