7 Types of Patents in Management and Entrepreneurship
Patents are a form of intellectual property that grant the owner an exclusive right to use, make, or sell an invention for a limited period of time. Patents can be a valuable asset for entrepreneurs and managers who want to protect their innovations, gain a competitive advantage, or generate revenue from licensing or selling their inventions.
There are different types of patents that cover different aspects of an invention, such as its function, appearance, or origin. In this article, we will explain the main types of patents and how they can be used in management and entrepreneurship.
1. Utility Patents
Utility patents are the most common type of patents, accounting for about 90% of all patent applications in the United States. Utility patents protect the function or utility of a new or improved process, machine, article of manufacture, or composition of matter. Utility patents can also cover software, algorithms, business methods, and biotechnology.
To qualify for a utility patent, an invention must be novel, useful, and non-obvious. A utility patent lasts for 20 years from the date of filing, subject to payment of maintenance fees. A utility patent gives the owner the right to exclude others from making, using, selling, offering for sale, or importing the invention in the United States.
Some examples of utility patents are:
– A new process of making a computer
– A new type of computer
– A computer part
– A new chemical
– A new method of doing business
2. Design Patents
Design patents protect the ornamental design or appearance of an article of manufacture. Design patents do not cover the functional aspects of an invention, only the way it looks. To qualify for a design patent, an invention must be new, original, and not obvious. A design patent lasts for 15 years from the date of grant and does not require maintenance fees.
A design patent gives the owner the right to exclude others from making, using, selling, offering for sale, or importing the invention in the United States. However, a design patent can be invalidated if it is found to be substantially similar to a prior art reference.
Some examples of design patents are:
– The shape of a bottle
– The pattern on a fabric
– The layout of a user interface
– The configuration of a keyboard
– The logo of a brand
3. Plant Patents
Plant patents protect a new and distinct variety of a plant that is invented or discovered and asexually reproduced. Asexual reproduction means that the plant is reproduced by means other than seeds, such as by grafting, cutting, or tissue culture. To qualify for a plant patent, an invention must be novel, distinct, and not obvious. A plant patent lasts for 20 years from the date of filing and does not require maintenance fees.
A plant patent gives the owner the right to exclude others from asexually reproducing, using, selling, offering for sale, or importing the plant in the United States. However, a plant patent does not cover plants that are found in an uncultivated state or plants that are sexually reproduced.
Some examples of plant patents are:
– A new variety of rose
– A new variety of apple
– A new variety of orchid
– A new variety of corn
– A new variety of tomato
4. Provisional Patents
Provisional patents are not actually patents but rather applications that allow inventors to establish an early filing date for their inventions without having to file a complete utility patent application. Provisional patents are useful for inventors who want to test the marketability or feasibility of their inventions before investing in a full patent application.
A provisional patent application must include a written description and drawings of the invention that enable a person skilled in the art to make and use it. A provisional patent application does not require claims, formal drawings, or an oath or declaration. A provisional patent application lasts for 12 months from the date of filing and cannot be extended.
A provisional patent application does not grant any patent rights but rather preserves the right to file a non-provisional patent application within 12 months and claim priority to the provisional filing date. A provisional patent application is not examined by the USPTO and is not published unless it is claimed in a non-provisional patent application.
Some examples of provisional patents are:
– A prototype of a new device
– A draft of a new software
– A sketch of a new design
– A concept of a new process
– A model of a new machine
5. Reissue Patents
Reissue patents are issued to correct errors or defects in previously issued utility patents or design patents. Reissue patents can be used to broaden or narrow the scope of claims, add or delete claims, correct errors in drawings or specifications, or address issues of patentability or validity.
A reissue patent application must be filed by the owner of the original patent within two years from the date of grant for broadening reissues or at any time during the term of the original patent for narrowing reissues. A reissue patent application must include a declaration stating the error or defect in the original patent and how it is corrected in the reissue patent.
A reissue patent replaces and supersedes the original patent and has the same term and date of expiration as the original patent. A reissue patent does not affect any rights or liabilities that accrued before the date of reissue.
Some examples of reissue patents are:
– A patent with a missing claim
– A patent with an incorrect inventor name
– A patent with an inaccurate disclosure
– A patent with an invalid claim
– A patent with a new prior art reference
6. Software Patents
Software patents are a type of utility patents that cover computer programs, algorithms, or methods that perform a specific function or achieve a desired result. Software patents can also cover software-related inventions, such as user interfaces, databases, networks, or hardware devices.
To qualify for a software patent, an invention must be novel, useful, and non-obvious. Additionally, an invention must be eligible for patent protection under the subject matter requirement. This means that an invention must not fall into one of the judicially created exceptions to patentable subject matter, such as abstract ideas, natural phenomena, or laws of nature.
A software patent lasts for 20 years from the date of filing, subject to payment of maintenance fees. A software patent gives the owner the right to exclude others from making, using, selling, offering for sale, or importing the invention in the United States.
Some examples of software patents are:
– A new algorithm for encryption
– A new method for online shopping
– A new software for image processing
– A new user interface for social media
– A new hardware device for gaming
7. Business Method Patents
Business method patents are a type of utility patents that cover new and useful methods or systems for conducting business activities, such as marketing, finance, management, e-commerce, or education. Business method patents can also cover software-related inventions that implement business methods.
To qualify for a business method patent, an invention must be novel, useful, and non-obvious. Additionally, an invention must be eligible for patent protection under the subject matter requirement. This means that an invention must not fall into one of the judicially created exceptions to patentable subject matter, such as abstract ideas, natural phenomena, or laws of nature.
A business method patent lasts for 20 years from the date of filing, subject to payment of maintenance fees. A business method patent gives the owner the right to exclude others from making, using, selling, offering for sale, or importing the invention in the United States.
Some examples of business method patents are:
– A new method for online banking
– A new system for online advertising
– A new software for online education
– A new method for online auctions
– A new system for online voting
Different Types of Patents in Management and Entrepreneurship
Patents are legal instruments that grant the owner an exclusive right to prevent others from making, using, or selling an invention for a limited period of time. Patents are intended to encourage innovation and knowledge diffusion by rewarding inventors and disclosing their inventions to the public. Patents can be classified into three main types: utility patents, design patents, and plant patents.
Utility Patents
Utility patents are the most common type of patents, accounting for about 90% of all patent applications in the United States. Utility patents protect the function, structure, or composition of an invention that is new, useful, and non-obvious. Utility patents can cover a wide range of inventions, such as processes, machines, articles of manufacture, or compositions of matter. For example, a utility patent can protect a new process of making a computer, a new type of computer<a href=”https://www.rexcer.com”>,</a> a computer part, or a new chemical. Utility patents last for 20 years from the date of filing, subject to payment of maintenance fees.
Design Patents
Design patents protect the ornamental appearance of an invention that is new and original. Design patents do not cover the functional aspects of an invention, but only the way it looks. Design patents can cover the shape, configuration, pattern, or color of an article of manufacture<a href=”https://blog.rexcer.com”>.</a> For example, a design patent can protect the visual characteristics of a computer, such as its shape, color<a href=”https://www.rexcer.com”>,</a> or icons. Design patents last for 15 years from the date of grant.
Plant Patents
Plant patents protect a new and distinct variety of a plant that is invented or discovered and asexually reproduced. Plant patents do not cover plants that are found in nature or reproduced by seeds. Plant patents can cover any type of plant that is not a tuber propagated plant or an edible tuber<a href=”https://blog.rexcer.com”>.</a> For example, a plant patent can protect a new type of rose, orchid, or apple tree. Plant patents last for 20 years from the date of filing.
References:
http://www.european-patent-office.org/epo/new/cost_analysis_2005_en.pdf
http://illinoisjltp.com/journal/wp-content/uploads/2013/10/mccall.pdf
https://ipmall.law.unh.edu/sites/default/files/hosted_resources/lipa/patents/Patent_Act_of_1790.pdf
Patents and Entrepreneurship | SpringerLink
The 3 Most Common Types of Patents (and How to Get Them)
What Is a Patent in Simple Terms? With Examples – Investopedia
Types of Patents: Everything You Need to Know – UpCounsel
Patents and Entrepreneurship | SpringerLink https://link.springer.com/referenceworkentry/10.1007/978-1-4614-3858-8_416
The 3 Most Common Types of Patents (and How to Get Them) | Funding Circle https://www.fundingcircle.com/us/resources/types-of-patents/
What Is a Patent in Simple Terms? With Examples – Investopedia https://www.investopedia.com/terms/p/patent.asp
