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Types of Patents

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1. Utility Patent
A utility patent may be granted to anyone who invents or discovers any new, useful, and non obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

2. Design Patent
A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

3. Plant Patent
A plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

4. Provisional Patent Application
A provisional patent application (This is not a patent) provides you the ability of filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to establish an early effective filing date in a non provisional patent application filed under 35 U.S.C. & 111(a) and automatically becomes abandoned after one year. It allows the term “Patent Pending” to be applied.

The USPTO allows you to file an application which will allow you the early effective filing date, without providing the normal information required. You can use the “Patent Pending” term, however, you have 12 months to file a proper non provisional patent application. If you fail to do so, the application is automatically abandoned.


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