The Big Three in IP

Here is a short introduction to the basic types of patent protection available to you:
◆ Utility patents
◆ Plant patents
◆ Design patents
Utility patents are granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof. Here are some examples of inventions protected by utility patents:
◆ The Wright brothers’ airplane, U.S. Patent No. 821,393
◆ Thomas Edison’s electric lamp, U.S. Patent No. 223,898
◆ Nintendo’s GameBoy, U.S. Patent No. 5,184,830
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Fast Facts
Patent applications are received at the rate of over 450,000 per year. The USPTO receives more than 5 million pieces of mail each year.
Plant patents are granted on any distinct and new variety of asexually reproduced plants (see Chapter 15 for more on plant patents). Examples of inventions protected by plant patents include these:
◆ Bosenberg’s climbing or trailing rose, U.S. Plant Patent 1
◆ Method of Growing Plants in Soil, U.S. Plant Patent 4,067,712
◆ Kalanchoe plant named Veracruz, U.S. Plant Patent 5,927
Design patents are granted on any new, original, and ornamental design for an article of manufacture (see Chapter 16 for more on design patents). Examples of inventions protected by design patents include the following:
◆ The Statue of Liberty, U.S. Design Patent No. 11,023
◆ A Dispensing Container for Tablets, U.S. Design Patent No. 200,000
◆ The Spirals baby bottle, U.S. Design Patent No. 340,771
Utility and plant patents are granted for a term that begins on the date of the grant and ends 20 years from the date the patent application was first filed, subject to the payment of maintenance fees. Design patents are granted for a term of 14 years from the date of grant. There are no maintenance fees.
Patents may be extended only by special act of Congress, except for some pharmaceutical patents whose terms may be extended to make up for lost time due to government-required testing.
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Notable Quotables
A country without a patent office and good patent laws is just a crab, and can’t travel any way but sideways and back-ways.
—Mark Twain, humorist
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