Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
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.
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.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure