Remember the inventor, Professor Potts, in the movie classic, Chitty Chitty Bang Bang? Professor Potts was played by the talented, Dick Van Dyke. He loved to tinker and hoped that one of his inventions would strike it rich, so he could better provide for his family.
If you're like Professor Potts and you've invented something like his flying car, egg and sausage preparer, or vacuum cleaner, you may be wondering whether your invention can be patented.
In this article, we are providing you with a basic description of the three types of patents. A single innovation may be protected by one or more types of patents (i.e. both utility and design patents.)
- Utility Patents - Protects how something is used or how it works
- Design Patents - Protects how something looks
- Plant Patents - Protects new plants
Utility Patents
Approximately, 90% of all patents fall into the "utility patent" category. It's appropriate for both improvements on existing inventions as well as brand new inventions. So long as you pay the mandatory maintenance fees, such protection lasts for twenty years.
The function of your innovation is protected. Utility patents are appropriate for the invention or improvement on an invention of a:
- Useful Process
- Machine
- Manufacturing System, or
- Composition of Matter
There are three prongs that an invention or improvement must meet. It must be:
- Novel
- Not Obvious, and
- Useful
Examples of utility patents include:
- Professor Pott's Flying Car (Chitty Chitty Bang Bang)
- A Bubble Gum Manufacturing System
- The iPhone
- A Coal Cleaning Process
- Microwave Oven
Design Patent
If your invention improves the appearance of an existing invention or creates a new invention, a design patent would be appropriate and would protect your invention for 14 years (no maintenance fees are required.) If the function of your invention is also new or an improvement on an existing invention, it would be appropriate to file for both the utility and design patent.
The design patent protects
- New, Original, and Ornamental Design
- Newly Configured Manufactured Item
- Improved Decorative Appearance of Manufactured Item
- Shape of Manufactured Item
Examples
- The Look (not function) of Designer Handbags
- The Look (not function) of Unique Chair
- The Look (not function) of Star Wars Characters
Plant Patent
Love your roses? A plant patent protects new plants for 20 years. The plant must be:
- New and Distinct, Invented or Discovered Asexually Reproduced Plants.
Examples of plant patents would be:
- New and Distinct Rose
- New and Distinct African Violet
- New and Distinct Oak Tree
- New and Distinct Tulip
If you get the chance, watch Chitty Chitty Bang Bang for a good story, laughs, and some innovation inspiration. If you've invented or designed something or improved on an existing product, system, or design, consult with a qualified patent (intellectual property) attorney to best protect your interests.
What Happens After You File A Patent Application? What to Do With Your Great Idea - Should You Trademark, Copyright or Patent?
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