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Types of Patents - Step 1
Determine what types of patents are applicable
A patent application is not a typical document to be submitted to the government. In other words, the applicant doesn't merely check a few boxes and insert a description. A patent application is a legal document. Think of a patent application as a technical essay. The wording and drawings of the application must be constructed to the exact parameters of the patent office. Otherwise, patent rights to the idea can be lost forever.
Patent applications generally relate to the following specific types of patents to be granted.
Utility Patent
Best known: The best-known patent application is the Utility patent. These types of patents include tools, games, toys, electronics, vehicle parts, high-tech devices and low-tech devices. One would apply for a utility patent to protect something that has a function. For example, a broom has the function of gathering and collecting dirt on the ground in an easier manner than if a person would merely use their hands.
Lesser known: While the proverbial better mousetrap has long been associated with utility patents, there is a lucrative trend toward other less obvious items. For example, in the past, methods of doing business have been patented. Michael L. Greenberg, Greenberg & Lieberman's registered patent attorney, has filed various utility patent applications relating to online business methods, stock market prediction methods and traditional business methods. Software applications without source code technically does not fall under utility patents, but the law is constantly evolving in this regard -- "methods performed by machines" is one way to describe such ideas. Non-obvious and unique modifications to existing patents also may be patented.
Design Patent
Look, not function: A design patent is fundamentally different from a utility patent. In short, a design patent protects the look of an item and not its function. Relating to the broom from the above example, the inventor filing for a design patent would not receive a patent on the dust-gathering function of the broom, but he or she would instead get a patent for a broom handle connected to a brush. In this manner, the look of the broom would be protected but not the function.
Plant Patent
Powerful tool: Researchers and developers often devote a countless amount of time producing new or original varieties of plants via asexual reproduction. This is a specialty patent that can become a powerful tool in the right situation.
Patent Cooperation Treaty (PCT) Application
International scope: Depending on the circumstances, it might be advantageous to apply for a PCT Application before applying for a Utility patent application. Most American, Asian, and European countries are signatories of the PCT, which provides patent applicants with a priority date in every country that is part of the PCT. Aside from extending this protection beyond the United States, the PCT is important because the USPTO sometimes considers the application more quickly than a regular Utility application.
 Go to Step 2
Search for patents similar to your idea.
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