If a prospective patent enthusiast Googles “patents explained,” they can find maybe two websites in the top results that aren’t riddled with complicated definitions and explanations. However, patents are a subject that anyone can find fascinating as long as they receive the information in an interesting and relatable way. Without further delay, let’s get into it!
Let’s start with the definition: Patents are “the granting of a property right by a sovereign authority to an inventor,” according to Investopedia.
This simply means that a patent is a government’s way of promising that if an inventor discloses information about their invention, then that inventor has the exclusive rights to pursue the research, development, design, etc. of the invention for a specific amount of time.
(The duration varies depending on the type of patent (See “Table 1”)). Patents are a type of intellectual property, which the World Intellectual Property Association defines as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce,” meaning patents protect the brilliance and hard work of the people who work to make our lives better, easier, and more beautiful.
Now, “patent” is actually an umbrella term. There are three types of patents, according to the United States Patent and Trademark Office: utility, design, and plant patents. Explanations and examples for each of the patent types can be found in the table below.
Table 1. Breakdown of Utility, Design, and Plant Patents
| Patent | Utility | Design | Plant |
| Definition | Utility patents protect the “useful” aspects of an invention. This means that the patent protects the functionality (i.e. “how it works”) of an invention. | Design patents are issued to grant exclusive rights for the appearance of a product if the product has an original ornamental design. | Plant patents are a very specific form of patent granted to anyone who discovers or invents a new variety of plant that is reproduced asexually (i.e. created using methods other than seeds, like budding, grafting, etc.) |
| Duration | Up to 20 years | Up to 15 years | Up to 20 years |
| Maintenance Fees? | Yes. These fees keep the utility patent “in force,”; this means that the fees keep the patent from expiring. |
Nope.(This word didn’t need to be this big, but it was a “design” choice.) |
No. |
| Examples | Engines, computer systems, polymers, alloys, medications, medical devices,
software; business, transportation, and space innovations, methods, and practices, etc.(Basically, if it has a unique functionality, it probably has a utility patent attached to it.) |
Typeface; Apple’s “slide-to-unlock” lock screen design on the iPhones; the iconic design of Coca-Cola’s glass bottles. | My favorite fruit is a Cosmic Crisp, which is an apple that is a cross between the Honeycrisp (which has its own plant patent, by the way) and the Enterprise. The Cosmic Crisp patent is currently held by Washington State University. |
| An Additional Fun Fact! | Utility patents account for 90% of the current patents filed in the United States. When most people hear the word “patent,” this is generally the type of patent they associate with the term. | Frédéric Auguste Bartholdi, one of the designers of the Statue of Liberty, obtained a design patent in 1879 so that he could sell small replicas of the statue to raise funds to build the actual statue. | Before plant patents were created in 1930, breeders had to use utility patents. They weren’t as specific as needed for the breeders’ purposes, so the United States made a separate patent type for plants, and many other countries followed suit. |
In summary, patents encourage inventors to keep inventing by protecting their originality, which keeps the economic wheel spinning. Utility patents protect an invention’s original functionality; design patents protect the original ornamental/aesthetic aspects of an invention; and plant patents protect original, asexually reproducing plants.
— Jenna Woods