What is the distinction between utility and design patents in the MPEP?
What is the distinction between utility and design patents in the MPEP?
According to MPEP 901.04, there are two main types of patents:
- Utility Patents: These are issued “for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
- Design Patents: These are issued “for any new, original and ornamental design for an article of manufacture.”
The MPEP states: “Patents for plants which are asexually reproduced are provided for in 35 U.S.C. 161 and are included in the main body of patents.” This means plant patents are a subset of utility patents.
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