As a patent attorney with 25 years of experience in Silicon Valley, I regularly advise clients on different types of patent protection. Here’s what you need to know about the three basic categories of patents:
Utility Patents
Utility patents are the most common type of patent. They protect new or improved:
- Machines
- Processes
- Manufactured items
- Compositions of matter
These patents focus on how something works – its function and utility – rather than its appearance. However, there are specific limitations on patentable subject matter, particularly regarding business processes and software.
Design Patents
Design patents protect the ornamental design of manufactured items – essentially, how something looks rather than how it functions. While often overlooked in favor of utility patents, design patents can be valuable tools for product protection. Importantly, you can hold both utility and design patents on the same product.
Plant Patents
Plant patents protect distinct and new varieties of plants. This is a specialized area of patent law that requires specific expertise. We do not handle plant patents.
At McConnell Law Firm PC, we focus on utility and design patents to help our clients protect their intellectual property.
Interested in learning more about patent protection for your invention? Book a 30 min initial consultation to discuss your idea.
Remember that this information is general in nature – always consult with a licensed patent attorney for advice about your specific situation.
Robert McConnell is the Principal Attorney of McConnell Law Firm PC, with nearly 20 years of startup experience in Silicon Valley.