Choosing the right method of patent applications depends on many different factors:
- The sole purpose of the patent
- The nature of your invention
- The circumstances in which you are applying for the patent.
In this article, we aim to provide an overview of the three kinds of patents categories, their uses, and the benefits that can be received by choosing the right method of registration.
Three types of Patent Registration:
Product or Process Patents:
This is the most common type of patent applied; it covers a large spectrum of new processes and physical inventions. These patents also include processes, machines, manufactures, or the compositions of the matter. The process is defined as the act or method of doing something and is primarily restricted to technical and industrial ways of doing things. While a machine is an object, such as a calculator or a refrigerator, made up of other materials and serves a specific purpose, the manufacture is any good or product created. Chemical solutions and ingredient blends, on the other hand, are considered compositions of matter.
The patent filing covers the objects’ invention, their functionality, their usage, and how they would work. As you can see, it comprises a vast class that can include every invention under the sun, and almost everything can fit into this particular category.
Unlike the product/process patent, design patents generally deal with the object or a machine’s physical appearance and surface aesthetics. It does not cover the functionalities, the structure, or use of something but limits itself with the details of its novel exterior or interior makeup. A design patent is useful for protecting the way the product or machine would look, along with its ornamental value.
Many inventors usually choose to register under both the categories- product patent and design patent for their respective inventions. Both these patents are complementary to each other and will cover the invention in its entirety. To apply for a design patent, you will have to submit a detailed drawing of the design which you wish to claim as your creation.
Those who have discovered a new species of plant will be eligible to apply for patent protection. This unique type of patent requires the inventor or discoverer to make the plant reproduce through an asexual process of reproduction or to represent the process of duplicating the new plant that does not involve seeding. Cutting and grafting of the plants are two ways in which one might be able to germinate the plant asexually only these they would qualify for a plant patent protection.
The patent examiners will determine whether you have satisfied the conditions for applying for a plant patent or not. These rights are generally available only for the discoverers or inventors of the plants that have never been found on records.
Patenting is the ideal way to protect your new invention, whether it is entirely new or if you have come up with an entirely novel object. By opting for the correct patent of your invention, you will take a pivotal step in safeguarding your creation from IPR Theft, Copy, and mimicked by other inventors of the same category.
|Type of patent||Nature||Benefits||Criteria for protection|
|Product/Process Patents||Protects the way the article is used and works||Low cost of granting and easy to get patented||Product Process Machine|
|Design||Protects the exterior outlook of the product||Low maintenance fee and higher allowance rate||Novelty Originality ornamentally|
|Plant||Exclusively designed for protection of plants made out of asexual process involving a unique,||royalty is high Cultivated||state Asexual reproduction Not for public use or sale Not in public domain|