Additional Patent Services Focus 

What Are The Different Types of Patents? 

The United States Congress defines the type of inventions that can be protected by patents. There are three main type of patents: utility patents, provisional patents, and plant patents and each are described as follows:

• Utility Patent: A utility patent is a technical document that teaches the public how to use a new machine, process, or system. A utility patent can be i) a functional utilitarian device or formula, ii) a business method or steps to conducing a novel business concept, or ii) a software directed to a novel computer task or function. For instance, a software patent is a not only a utility patent but also a specific type of business method patent. Business method patents are the specific methods for conducting a novel business concept. The parts of utility patent applications include the background, specification, claims and drawings used in describing a new machine, method or system. For more information on the utility patent patenting process, see our Overview Of The Patenting Process;
• Design Patent: A design patent protects an ornamental design on a useful item. Unlike a utility patent, a design patent only includes one claim: "I claim: the ornamental design as shown." The ornamental design protected by a design patent can be the shape of jewelry, the appearance of a beverage container, or the design of a watch. It is the ornamental design which defines the protectable patentable subject matter of a deign patent. A design patent does not cover the functionality of the claimed design, or the way it functions or any internal structures. A design patent only protects the ornamental appearance (i.e. "the look") of the patented item; and
• Plant Patent: Plant patents protect novel kinds of plants produced by cuttings or other nonsexual means.
  

What Is A Provisional Patent Application? 

A provisional patent application is a document filed with the U.S. Patent and Trademark Office (USPTO) that gives a new invention an early priority date.  It is not examined or published by the patent office, and a non-provisional patent application must be filed during the twelve month period following the provisional filing date. The provisional application sill must meet the minimum requirements of being able to disclose the invention to the public (i.e. enable the public to figure out how to make the invention).   Once a provisional patent application is filed, the utility invention is said to be "patent pending."   A failure to file a formal utility patent within the twelve month period from provisional patent filing will result in loss of the early priority date and, worst case, any public disclosures done by the inventor during that twelve month period may not be considered public disclosures to the USPTO and bar patentability (i.e. publications, patents, public uses and sales which occur more than one year prior to the date of application for patent in the United States may constitute a bar to a patent), Lastly, design patents cannot be filed as a provisional patent applications. 

What Is A Non-Provisional Utility Patent Application? 

A non-provisional utility patent application is the formal and complete version of a patent application that is ready to be examined by the USPTO.  It contains a written description of the invention as well as at least one claim, which enables someone to practice the invention.   A non-provisional utility patent application must meet the following requirements:

• A Utility Patent Application Transmittal Form or Transmittal Letter;

• The Application Data Sheet;

• A Specification, with at least one claim;

• Drawings, if necessary to describe the invention; 

• A Declaration or Oath by the Inventor;

• The Fee Transmittal Form; and

• Payment of the Fees.

For more information on the utility patent patenting process, see our Overview Of The Patenting Process .