President George Washington signed the first American patent granted to Samuel Hopkins in 1790 for a product used to manufacture fertilizer. The U.S. Patent and Trademark Office now recognizes more than six million patents. A legal patent protects the use of the invention by other Americans and residents of countries recognizing international patent laws.
The U.S. Patent and Trademark Office (USPTO), under direction of the Department of Commerce, registers patents for inventions and improvements on inventions. Common processes and general ideas cannot be patented. To register a patent, the inventor must submit a process, article, method, composition, plant or machine that is novel, has some utility or function and has a non-obvious quality to experts in the inventor's field. Inventors must obtain a patent within one year of the initial disclosure of the invention or others can freely use the invention without permission or payment to the inventor.
Most patents assigned by the USPTO come under the heading of design patents. Inventors need not show the invention has any utility when applying for a design patent. This patent category requires only that the object display unique visual characteristics and it must display the design features during use.
The USPTO recognized 33 classifications of design patents as of 2012, including edible products, clothing and apparel, household furnishings, tools and hardware, and packages and containers for goods produced for manufacture or sale. Jewelry, photography and optical equipment, games, toys, sporting goods and cosmetics also qualify for design patents. Household items such as washing machines and dryers, lighting, and heating and cooling equipment come within the guidelines of this patent category, as do musical instruments and office supplies, teaching and art materials and fishing equipment.
Patent law protects seedlings, hybrids and mutant plants. Examples of plant patents include:
- root cuttings
- tissue culture
- some seeds
- plant layering
- plant division
Macro fungi and algae also qualify for this type of patent protection.
Inventions that use a process or have unique composition of matter qualify for utility patents. Examples of process patents include a copy machine and an ingredient to speed concrete drying. Apparatuses and products also fall under this patent category. A well-known patent demonstrating an apparatus is the artificial heart valve. The microwave clothes dryer holds a utility patent since the microwaving process qualifies as a utility for the manner in which the machine dries clothes, as opposed to the exterior style and decoration of a clothes dryer that holds a design patent. Objects often hold more than one patent protection. Examples of other utility patents include the working components of cell phones, televisions and digital recorders.
- United States Patent and Trademark Office: Press Release -- First U.S. Patent Issued Today in 1790
- Minerals, Metals & Materials Society: What Are Design Patents and When Are They Useful?
- United States Patent and Trademark Office: Types of Patents
- World Intellectual Property Organization: International Patent Classification
- United States Patent and Trademark Office: Office of the Administrator for Policy and External Affairs -- Organization and Agencies
- United States Patent and Trademark Office: Frequently Asked Questions About Design Patents
- United States Patent and Trademark Office: Design Patent Application Guide
- United States Patent and Trademark Office: Classifications of Design Patents
- United States Patent and Trademark Office: General Information About 35 U.S.C. 161 Plant Patents
- Special Equipment Market Association: Examples of Design Patents
Lee Grayson has worked as a freelance writer since 2000. Her articles have appeared in publications for Oxford and Harvard University presses and research publishers, including Facts On File and ABC-CLIO. Grayson holds certificates from the University of California campuses at Irvine and San Diego.