The New York Law Blog: Common Types Of U.S. Patents Available To Innovative New York Entrepreneurs
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Wednesday, November 2, 2016

Common Types Of U.S. Patents Available To Innovative New York Entrepreneurs

NY IP Law, NY Business Law
The common types of U.S. patents that are available to innovative New York entrepreneurs seeking to protect their valuable intellectual property fall into three common categories based on the type of invention in question: design, utility and plant patents.

Most patents the average person comes across are utility patents, which involve the creation of a new process or equipment/machine. They are chiefly concerned with how an invention functions. A utility patent may be applied to a wide range of unique and innovative new products or processes. It prevents others from manufacturing, selling, using or distributing your invention. Utility patents last for 20 years running from the date that the patent application was filed. In addition to the initial patent filing fees, inventors must submit maintenance fees throughout the life of the patent in order to keep the patent’s protection.

Design patents are any enhancement or adornment applied to an existing item or the design for a new product. It protects its aesthetic appearance and can be issued for the appearance, design, shape or general ornamentation of an invention that are new, specific and not obvious. Design patents prevent others from using, selling or manufacturing the appearance of your product.  A design patent is good for 14 years from the date the patent was granted. There are no maintenance fees associated with a design patent, and the patent is sustained without question once it is issued. A prime example of a design patent is when Microsoft received one for the “X” on its XBox product because it was deemed a unique appearance that would have harmed Microsoft’s business if copied.

A third but less common patent than the first two is the plant patent. Plant patents are available for the discovery or invention of plants that are asexually reproduced. They must be novel, distinct and not obvious. Plant patents have a 20-year lifespan that does not include maintenance fees. This type of patent was created in order to protect the grower who found a new variety of plant through, for example, grafting. Hybrids (though not first-generation) can have plant patents, which prevent others from growing and selling the plants. An example of a plant patent would be the "fire and ice" hybrid rose that florists sell.

No matter what kind of patent you are considering filing, it is imperative to seek legal help from a qualified, experienced lawyer who can make the process substantially faster and easier.
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*Gene Berardelli may be contacted at: GeneBerardelli@ipglegal.com.

Gene is a New York street-smart attorney with an extreme passion for success. Gene specializes in litigation, arbitration and general corporate law for New York-based and international clients. He, also, is the host of a popular New York talk radio program.