Information Bank

Introduction:

Patent types depend upon the nature of invention. For every different type of invention, there is a specific patent protection. Consequently, each patent type has its own distinct eligibility criteria. Nevertheless, there is a possibility for a single invention to have access to more than one kind of patents. Submitting a proper application that is appropriate for the type of invention, boosts the chances of the Patent Office swiftly approving the request for grant of the patent.

Types of Patents:

Depending on the specific the nature of the invention, patents can be categorized into three types. They are the Plant Patent, the Utility Patent, and the Design Patent.

1. Utility Patent: Patent offices across the world receive tonnes of applications for Utility Patents. Inventions that are novel, useful and non-obvious may warrant the grant of a utility patent. However, the invention must include any process, machine, manufactured article, composition of matter or improvement over the previous inventions to solidify its utility. Utility can be further divided into three kinds- General utility (based on functionality of the invention), Specific utility (how the invention carries out the function), and Moral utility (how the invention does not facilitate wrong use). The components of a Utility Patent are:

1. Process: Any act or technique of performing a task, often including a novel industrial or technological operation, is referred to as a process.
2. Machine: It is an apparatus that employs its components in a new arrangement to carry out a practical function.
3. Manufacture: The term manufactured article refers to any component of the apparatus that the inventor has created entirely.
4. Composition of Matter: It refers to chemical compositions, which may include a novel chemical compound or a mixture of chemicals and other elements.
5. Improvement: When an inventor creates a more efficient way to employ an existing process, machine, manufactured article, or composition of matter, it is termed as improvement.

Utility patents provide protection for a long period of 20 years from the date of filing for the application. However, during the course of those 20 years, the patent-holder is required to pay a regular maintenance charge; making Utility Patents, one of the most expensive patent types. Additionally, the approval process for a utility patent could take up to 2 years.

Currently, India does not offer Utility Patents. Nevertheless, an Indian inventor seeking a utility patent can file an application in countries like, China, United Arab Emirates, Australia, United States of America, Germany, France, other nations of the European Union, etc.

• Design Patent: Where patents are concerned, Design refers to the “surface ornamentation” of an object. Here, patent protection is given to the useful object’s design and structure. Therefore, a design patent for a newly created or enhanced object must include its shape and configuration.

To qualify for Design Patent protection, it must be ensured that the design and object are inseparable. Nonetheless, a Design Patent is only granted for, and thus only protects, the appearance of the object. In order to safeguard both, the functional and structural aspects of an invention, the option of additionally filing for a Utility Patent is at the applicant’s disposal. In the recent times, numerous corporations have sought Design Patents for inventions involving user interfaces, including those with curved or artistically designed edges or shapes of user display interfaces.

A Design Patent is valid for 15 years from the application’s filing date. However, Design Patents are exempt from maintenance costs, in contrast to utility patents. A peculiar attribute of Design Patents is that their search is notoriously challenging. Owing to the fact that they use a limited number of words, in addition to the Patent document being almost entirely made up of illustrations and drawings of the design on the useful object; searching for Design Patents can be strenuous. In India, Designs are governed by The Designs Act, 2000.

• Plant Patent: Before requesting for protection, the invention must, however, satisfy the conditions set forth in the plant patent statutes. For instance, if the plant is a tuber-propagated plant or looks to be uncultivated, one cannot submit an application for this patent. It should only be asexually reproduced. In contrast to sexual reproduction, which involves planting seeds, asexual reproduction involves cutting or grafting the plant.

The inventor’s rights are protected for nearly 20 years from the date of filing the patent, by preventing others from cultivating the same plant or profiting from it. Plant Patents are exempt from maintenance fees as well.

Despite the fact that India has given multiple method patents on plants that have undergone genetic alteration, patents for plant per se, is not allowed in India. However, an application can be filed for the same in Australia, the USA, and several other European nations.

 Conclusion:

The many forms of patents make clear what kind of protection an inventor should actually apply for while requesting a patent. The process of patent registration is onerous and expensive. Knowing the type of patent, and filing an application accordingly, will ensure smooth and swift approval for the grant of protection. Thereby, giving more time to the applicant to enjoy his patent rights