At the law office of The Plus IP Firm we specialize in the practice of intellectual property law. One of the main areas of intellectual property law deals with patents. A patent gives the owner exclusive rights to make, use, offer for sale, and sell the patented invention. There are several types of patents and each is granted only a specific period of time that the patent is enforceable. This period of time is known as the patent term.
The type of invention or creation will determine which type of patent that the business should seek to acquire. Three of the most common types of patents are, Utility Patent, Design Patent, and Plant Patent. A Utility Patent is used to protect the invention of a useful and new process, composition of matter, machine, or a type of useful improvement. In the past 10 years over 90% of the patents that have been issued by the United States Patent and Trademark Office (USPTO) have been Utility Patents. Utility Patents are also known as Patents for Invention.
The second most issued patent by the USPTO is the Design Patent. This is issued for a new, original, and ornamental design that is applied to or embodied in an article of manufacture. This type of patent allows the owner to have exclusive use for fourteen years. However, there is a chance that this period of time may be changed in the near future.
The USPTO issues a Plant Patents for the discovery or invented new and distinct asexually reproduced plant. This can include mutants, newly found seedlings, cultivated sports, and hybrids. Plant Patents give the owner of the patent up to twenty years of exclusive use. This type of patent is unique in the sense that the owner of the patent is not subject to the payment of maintenance fees.
The application, use, and protection of a patent can be very complex. It is important that you seek the council of an experience Miami Patent Lawyer to ensure that your intellectual property is properly protected. We are available for consultation at our Miami office during normal business hours and on the weekends by appointment. Call us today to see how we can help.