

The United States Patent and Trademark Office (USPTO) defines a patent for an invention as “the grant of a property right to the inventor.”
A patent helps protect the mechanisms, principles, and components of an invention. The term for a small business patent starts on the date its application is filed with the USPTO. Generally, this lasts for 20 years. Patents tend to be filed less frequently than trademarks and copyrights within small businesses. However, this is still a necessary form of intellectual property protection for inventions.
How do you determine that your invention is patentable? A patentable invention is defined accordingly by the USPTO: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.”
The USPTO further breaks down the four requirements of a patentable invention.
Once you determine your invention is patentable, you must figure out what kind of patent you need before filing for a small business patent. It’s important to understand which patent type is the right fit for your invention. Presently, there are three types of patents:
Let’s explore how each patent protects a specific type of invention. Once you understand which patent is the closest categorization for your invention, we’ll look at how to apply for a patent.
Utility patents are among the most commonly filed small business patents with the USPTO. This type of patent may be a useful process, machine, article of manufacture, composition of matter, or new or useful improvement. These are four categories of statutory subject matter and may be defined accordingly.
A fifth category may also apply to the word “useful.” The invention must be able to operate and have a useful purpose. For example, a new search engine is a type of software that may qualify as a utility patent.
A utility patent also has the option to file as a provisional or nonprovisional application.
What’s the difference between the two terms? Provisional applications are a low-cost patent filing. Applicants may establish a filing date in the United States for their invention. Then, they may file a nonprovisional application to claim the invention later. Nonprovisional applications are reviewed by a patent examiner. If the invention is considered patentable, the utility patent application is filed with the USPTO.
A design patent is granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
How does this small business patent differ from a utility patent? A utility patent will protect the use of an article. Design patents protect the appearance of an article, but not its structural or functional features. Famous design patents include the Statue of Liberty and the original curvy Coca-Cola bottle. A recent example of a design patent is emojis, protecting the look and appearance of the digital icons.
The terms for a design patent, effective May 13, 2015, may last 15 years from the date of the patent grant. Prior to 2015, the term was 14 years. This provides small businesses with over a decade’s worth of patent protection.
One of the most unique small business patents is the plant patent. This patent may be granted to anyone that has invented, discovered, or asexually reproduced a distinct, new variety of plant. Here are a few examples:
Plants that would not be eligible for a plant patent include existing plants, such as roses, bacteria, and edible tuber reproduced plants like potatoes.
A plant patent’s terms are for 20 years from the date of the patent’s application filing. Similar to that of a utility patent, a plant patent may file a provisional or nonprovisional application. The inventor filing this application must be the same person that invented, or reproduced, the plant they wish to patent.
By now, you likely have a good idea as to which small business patent is best for your invention. The next step is to get ready to apply for a patent.
As you prepare to apply for a patent, keep in mind the following.
If your patent is approved, congratulations! You will receive notice of approval and a patent grant that is mailed to you.
After receiving your small business patent, make sure to maintain the patent over the years. Pay any maintenance fees on time to ensure it does not expire and check the status as needed for this valuable piece of intellectual property.
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Funded, in part, through a Cooperative Agreement with the U.S. Small Business Administration. All opinions, and/or recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the SBA.