The following list comprises the most common patents inventors file for: Provisional Application for a Patent (usually incorrectly referred to as a Provisional Patent), Utility Patent, Design Patent, and to a far lesser degree a Plant Patent.
First, a Provisional Application for a Patent is only a one-year filing which holds limited power, and can be utilized for certain cases. This filing is most often abused and misunderstood. The provisional patent application will be destroyed after one year unless the inventor takes precise steps to convert to a Utility Patent. Filing for a Provisional Patent may appear straightforward, but special care to maintain the priority rights as well as various other patent considerations should be strategized. More details regarding Provisional Patents below.
Second, a Utility Patent, which is the most common form of patent protection, protects the actual function of an invention. When an inventor receives a Utility Patent, they are granted a twenty-year term for a new, useful and non-obvious process, machine, composition of matter, article of manufacture, business method, or an eligible improvement thereof.
Third, a Design Patent protects the overall appearance, or decorative nature of the invention. The patent can be of value in protecting the aesthetics of new industrial designs, if used properly. A Design Patent is granted a fourteen-year protection for any new, original, and visible decorative design of an invention.
Lastly, a Plant Patent is a twenty-year grant for asexually reproduced assortments of distinct new plants, hybrids, and seedlings other than tuber-propagated or existing in an uncultivated state.