1. There are three general types of patents: 

a. Utility Patents: Cover the functioning aspects of an invention

b. Design Patents: Cover the ornamental, non-functional aspects of an object

c. Plant Patents: Cover asexual, reproducible plants.

2. All three types of patents must meet the requirements of novelty and non-obviousness.


3. Terms: Utility and Plant patents are enforceable for 20 yrs after the date of filing. (Maintenance Fees must be paid for utility patents at the 4, 8 and 12 yr anniversary dates to keep the patent enforceable). Design patents are enforceable for 14 yrs from the date of issuance. (Maintenance fees are NOT required for Design Patents and Plant Patents).


4. Nature of Applications:  Utility patent applications require a written document that includes seven recommended sections- Title, Background Art, Summary, Description of the Drawings, Detailed Description of the Preferred Embodiment, Claims, and Abstract.

Design and Patent Applications:  Consists of a one or two page document with a set of drawings or photos.  The drawings and photos make up most of a design and plant application, respectively.  


5. Ways in Which Patent Rights Can be Lost:  Failure to pay maintenance fees (Utility patents only).  Patent is later shown to be invalid because it contains inaccurate information or insufficient amount of information.  A prior art reference exists that was discovered after the patent was granted that would have precluded the patent grant. Patent owner engages in improper activity (called Misuse) and Inventor committed fraud in securing the patent.


6. What is a Provisional Patent Application?  A provisional patent application is a document that is filed with the USPTO that enables an inventor to establish a filing date for a later filed Utility patent application.  The provisional patent application is normally converted into a utility patent application within one year of its filing date.  The Provisional patent application is deemed abandoned if it is not converted into a utility patent application.  The patent statutes require that the provisional patent application be written in a format that makes it ‘enabling’ which is the same requirement for a utility patent application. Therefore, it is written in a format similar to a utility patent application.   It most instances, a provisional patent application is a partially completed utility patent application.


7. What are the main disadvantages of a provisional patent application?   (1)  If you convert the PPA into a UPA and do not file a Non-publication request, the application will be published 18 mo after the PPA filing date.  (2)  In most cases, you must file for foreign patent protection 12 mos after the PPA filing date (which is the same due date for the UPA filing).