How can you identify the main types of R&D patents?

1 Utility patents

Utility patents are the most common and broadest type of R&D patents. They cover any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Utility patents can protect the functional aspects of your inventions, such as how they work, what they do, or how they are made. Utility patents last for 20 years from the date of filing, and they require a detailed description and specification of your invention, as well as claims that define its scope.

2 Design patents

Design patents are another type of R&D patents that protect the ornamental appearance of your inventions, such as their shape, color, or pattern. Design patents do not cover the functional aspects of your inventions, only their visual features. Design patents last for 15 years from the date of grant, and they require drawings or photographs that show the design from different views, as well as a single claim that describes it.

3 Plant patents

Plant patents are a special type of R&D patents that protect new and distinct varieties of plants that are asexually reproduced, such as by cuttings or grafting. Plant patents do not cover plants that are sexually reproduced, such as by seeds or pollen. Plant patents last for 20 years from the date of filing, and they require a description and illustration of the plant, as well as a declaration of its novelty and distinctiveness.

4 Provisional patents

Provisional patents are not actually patents, but rather applications that allow you to secure a filing date for your invention without having to submit a full patent application. Provisional patents are useful for R&D projects that are still in progress or need more testing or refinement. Provisional patents give you 12 months to file a non-provisional patent application that claims the benefit of the provisional filing date. Provisional patents do not grant you any patent rights, but they can help you establish your priority and prevent others from copying your invention.

5 International patents

International patents are not actually patents, but rather applications that allow you to seek patent protection in multiple countries or regions with a single filing. International patents are based on the Patent Cooperation Treaty (PCT), which is a global agreement that simplifies the patent application process for inventors. International patents give you 30 months to enter the national or regional phases of the countries or regions where you want to obtain patent rights. International patents do not grant you any patent rights, but they can help you save time and money and avoid duplication of efforts.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?