If you’re like most people, you have a lot of good ideas and sometimes wonder, “Could I patent this invention?  What can be patented?”  There are three main types of patents:  utility, design, and plant. 

The utility patent is also known as the “patent for invention” and is likely what you’re thinking of.  They are the most common patent, making up about 90% of all the patents issued by the U.S. Patent Trademark Office (PTO). 

The utility patent is granted for new inventions and improvements on existing inventions.  Most patents are improvements not brand new unique innovations.  Indeed the invention must be novel, not obvious, and useful. 

The protected inventions may be a useful process, machine, manufacture, or composition of matter.  The protection lasts 20 years from the date of filing the patent application, so long as maintenance fees are paid to the PTO.

Examples of a utility patent would be OLED technology (improvement of LED technology), the microwave oven, genetically engineered bacteria to clean up oil spills, and computerized methods for electronic postage and cash.

The design patent is granted for new, original, and ornamental design, configuration, improved decorative appearance, or shape for a manufactured item.  Basically, the function of an item is not being improved, just its appearance.

The protection lasts 14 years from the date of filing and there are no maintenance fees.  This protection is only for the appearance of an article.  It does not protect the function or structure of the article.

Examples of a design patent would be the look of all Star Wars characters as well as the specific look of the original Coca-Cola bottle, sneakers, designer eyeglasses, vacuum cleaner, door knobs, or chairs.  Remember, it is only the appearance that is protected with a design patent.

The plant patent is granted for new and distinct, invented or discovered asexually reproduced plants.  The protection lasts 20 years from the date of filing the patent application and there are no maintenance fees.

Examples of a plant patent would be any new variety of a plant or tree such as the new & distinct cultivator of African violet (#5383).

To find out if your idea can be patented and how to go about it, contact an attorney who specializes in patent law.  Patent attorneys limit their practice receiving and protecting patents. They are well equipped to guide you through the legal process so your ideas are protected and you receive all of the compensation you deserve.

To learn more about protecting proprietary information in the workplace, or for information on whether your idea can be patented, contact Jared Clark of Cutler & Donahoe, LLP by calling 605.335.4950.  Jared Clark is a registered patent attorney with an office in Sioux Falls, SD.  He is admitted to practice in South Dakota and the U.S. District Court for the District of South Dakota.  Cutler & Donahoe, LLP has attorneys licensed to practice before the United States Patent and Trademark Office as well as various U.S. States. 

This blog post is intended to provide only general information. It does not represent a legal opinion or advice regarding any particular case or issue. Transmission of the information is not intended to create, and receipt of the information does not constitute, an attorney-client relationship. For legal advice on a specific matter, please seek the advice of counsel.

Copyright © 2010 Jared R. Clark.  All Rights Reserved.