Are You Aware Of These Different Types Of Patents

As patent agents, we often come across clients who want to protect every aspect of their invention, from its functionality to its shape and ornamentation. But, are the design features of a product patentable?

Inventors are allowed to claim rights to every aspect of their invention by the way of different types of patents. These are classified as utility and design patents. When people refer to patents, they usually talk about utility patents as they are the most common form of this intellectual property. Now, unlike the US, Canada does not use the term design patents. To obtain protection for the aesthetic features of your invention, you need to secure industrial design registration.

If you have an invention and are planning to patent it, then you should be aware of these different types of patents:

Utility Patents

Have you invented a product that is unheard of? Or, did you invent a software application that revolutionizes the user experience on virtual platforms? Then, you should consider utility patents. As mentioned above, they are the most common type of patents.

These type of patents cover any new and useful product, composition, machine, process, or improvement to any such existing inventions. For instance, software may fall under the process category, and a composition of chemicals used as lubricants in a machine falls under composition.

Utility patents cover the making and the use of the invention. It does not protect the aesthetic aspects. For example, if you have invented a doorknob, then the process to make it and the way it is to be used may be protected by a utility patent. But, utility patents will not cover the shape or the pattern of the doorknob. If you want to protect these features, you need to obtain industrial design registration or design patents. Utility patents offer you 20 years of exclusive rights over your invention.

Design Patents

As mentioned before, Canada does not use the term design patents. Instead, industrial design registration safeguards the beautifying or visually specific features of an invention. The appealing designs of phones, bottles, clothing, shoes, and similar products can be protected by industrial design registration. A unique pattern of a dress or the shape of a smartphone is covered by industrial designs. When you register for industrial designs, you gain legally enforceable rights of up to 10 years. Make sure the design is original to obtain registration. While it does not protect the functional aspects of an invention, you can obtain utility patents in addition to industrial designs for your invention.

Which Patent is Right for You – Consult Patent Lawyers or Agents

Whether you should obtain a utility patent, an industrial design, or both, is something that puts many inventors in a dilemma. The answer to this depends on your invention. At times, it makes sense to obtain both, like in the case of a specific smartphone design. However, it’s not always the case. It is preferable to consult and work along with patent lawyers and agents to help you gain maximum protection for your invention.