Understanding the Main Types of Patents and Patent Applications
Explore the different types of patents and learn how inventors can protect their innovations effectively.
The Three Main Types of Patents
Patents help protect intellectual property by granting exclusive rights to inventors. The three main types of patents are:
1. Utility Patents
Utility patents protect new and useful inventions, processes, machines, compositions of matter, or improvements to those. This is the most common type of patent.
2. Design Patents
Design patents safeguard new, original, and ornamental designs for products. These are ideal for protecting a product’s unique appearance.
3. Plant Patents
Plant patents protect new and distinct varieties of plants that can reproduce asexually, such as cultivated sports, hybrids, mutants, and newly found seedlings.
Note: It’s possible for one invention to qualify for more than one type of patent. For example, an object with both functional features and a unique design might require both a utility patent and a design patent.
Patent Eligibility Requirements
To be granted a patent, an invention must meet these conditions:
- Novelty: The invention must be new or “novel.”
- Non-obviousness: The invention should not be obvious compared to prior inventions.
- Utility: The invention must be functional and not merely theoretical.
- Detailed Description: The patent application must clearly describe how to make and use the invention.
Different Types of Patent Applications
There are several types of patent applications, each serving a unique purpose in the patent process:
1. Provisional Patent
Purpose: Provides an early filing date and allows inventors to claim “patent pending” status. It is a temporary, less formal patent application.
Duration: Lasts 12 months; inventors must file a non-provisional patent within this time to continue the patent process.
Benefits: Lower-cost and easier to file, especially useful for inventors still refining their inventions or seeking funding.
2. Continuation Patent
Purpose: Allows inventors to add more details or improvements to an existing patent application without changing the original filing date.
How It Works: Contains the same description as the original patent but can include additional claims.
Benefits: Expands the protection of the original patent without a new application.
3. Divisional Patent
Purpose: Useful when a patent application covers more than one invention. Each invention must be filed separately.
How It Works: Splits part of the original application into a new one, focusing on a different invention from the parent application.
Benefits: Ensures each invention receives proper protection.
4. Reissue Patent
Purpose: Corrects significant errors in an already granted patent, such as scope or claim mistakes.
How It Works: Replaces the original patent but retains the original filing date.
Benefits: Enhances or corrects patent protection, making it stronger or more commercially aligned.
Provisional Patent Alternatives in Canada
Canada does not have a direct equivalent to the U.S. provisional patent. However, Canadian inventors can achieve similar benefits by filing an incomplete patent application:
Filing an Incomplete Patent Application
Inventors may submit an initial application with minimal details, securing an early filing date while completing the full specifications.
Using the Patent Cooperation Treaty (PCT)
Many Canadian inventors file a U.S. provisional patent first and then file a PCT application to secure international protection, including in Canada. This strategy provides additional time for refinement.
Deadline for Completion
Canadian inventors must complete the application within 12 months to maintain the initial filing date.