I decided to start writing exclusively about the patent process and not current events within the patent war. Part of this is because writing about the war got boring and I this way I can learn things that we haven't touched on in class yet. Here's one that might be a review for some of you:
There are three different types of patents. These are Utility and Design which we learned about in class as well as Plant Patents. There is usually a slight confusion between utility and design patents on the part of the inventor, so let me begin by differentiating the two. First off, utility patents are the most commonly filed patents. This is because they cover any invention made by humans. This could be the newest computer chip or an exceptionally functional shoe sole. If I told you to think of a random invention right now, chances are that it would be covered under a utility patent.
Let's say now that the only thing patentable about a new computer chip was the fact that it was ultra slim and had this nice piano black finish. Functionally, it is not an improvement. In other words, it's utility did not rise. This would be considered a design patent. Or let's say there wass clock designed to look like that exceptionally functional shoe sole. This would be considered a design patent.
Lastly, there are plant patents. These are patents that are filed mostly by botanists and plant geneticists. For example if I were to alter the genes of a plant so that it grew from a seedling into a rose with black petals instead of red I would be able to patent this strain of rose plant. Plant patents have been implemented only as recently as 1930.
There are three different types of patents. These are Utility and Design which we learned about in class as well as Plant Patents. There is usually a slight confusion between utility and design patents on the part of the inventor, so let me begin by differentiating the two. First off, utility patents are the most commonly filed patents. This is because they cover any invention made by humans. This could be the newest computer chip or an exceptionally functional shoe sole. If I told you to think of a random invention right now, chances are that it would be covered under a utility patent.
Let's say now that the only thing patentable about a new computer chip was the fact that it was ultra slim and had this nice piano black finish. Functionally, it is not an improvement. In other words, it's utility did not rise. This would be considered a design patent. Or let's say there wass clock designed to look like that exceptionally functional shoe sole. This would be considered a design patent.
Lastly, there are plant patents. These are patents that are filed mostly by botanists and plant geneticists. For example if I were to alter the genes of a plant so that it grew from a seedling into a rose with black petals instead of red I would be able to patent this strain of rose plant. Plant patents have been implemented only as recently as 1930.
I think the plant patent category is rather peculiar. Utility and design make a lot of sense to me. If someone made a slimmer and sleeker version of something they wouldn't want someone else to make it too and make a profit out of it. And of course if someone comes up with an invention, like a self-driving car, you wouldn't want anyone else taking that idea. But plants, now that's just a little weird. I guess it doesn't really fit under utility, but you would think that if we genetically modified a plant there would be some use for it. Unless it was purely for looks, then wouldn't it be design? How come plants get their own category? And for that matter, if plant genetics have their own type of patent, what do we do with human genetics?
ReplyDeleteThank you for writing an informative post about the types of patents! In this class the ideas and discussions become so abstract that I do agree that it is important to go back to the foundation in order for us all to be on the same clear page and learn going forward. Out of the three types of patents, I think that the design patent is one that is most difficult to determine whether or not it is patentable. The significance is that the design is supposed to serve as an improved function. This would be hard to judge as people react to designs very differently!
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