What are the differences between design and plant patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Design and plant patent applications are two distinct types of patent applications, each protecting different aspects of inventions:

Design Patent Applications:
1. Protect the ornamental design of a functional item.
2. Cover the visual appearance of an article of manufacture.
3. Have a term of 15 years from the date of grant.
4. Require drawings or photographs of the design.
5. Do not require a written description of the invention.

Plant Patent Applications:
1. Protect new varieties of asexually reproduced plants.
2. Cover the entire plant, not just a specific part.
3. Have a term of 20 years from the filing date.
4. Require a detailed botanical description of the plant.
5. May include drawings or photographs to illustrate the plant’s characteristics.

For more information, refer to MPEP 201.06 for design patents and MPEP 201.07 for plant patents.