International Patent Classification

INTRODUCTION

The incessant growth of the Intellectual Property Rights across the entire globe has given rise to various laws and regulations concerning the protection of the unique intellect of an individual and entity. In the world of inventions, patent protection plays a significant role in protecting the novelty and associated rights with such inventions such as the exclusive right to make, use and to sell such invention. To ensure that these rights are protected, several laws and legislations are enacted across the entire globe.

One such legislation is the Title 35 of US Code which delas with the provisions concerning patents. Under this code, the United States Patent and Trademark Office (USPTO) has broadly classified patents into three types namely, design patent, utility patent and plant patent. Other than these key categorizations, the federal law also provides for business method patent and patents w.r.t. improvement and new use patents.

TYPES OF PATENTS UNDER FEDERAL LAW

Design patents

A design patent is granted with regards to the configuration or shape of manufactured article, to its surface ornamentation, or to some combination of these provided that in case of patent for surface ornamentation, there must be a definite pattern. Applications for individual design patents must be submitted for each independent or unique design. When there isn’t a clear connection between the two objects that each design applies to, they will be regarded as independent designs. If two designs of a similar thing are different in terms of shape and appearance, then they are distinct from each other. A single design application may be submitted for a single design concept that has several variations or embodiments.

For getting a design patent, the design must be “original,” rather than a simulation of another well-known object or person.

Some of the key contents which must be included in a design patent application are as under:

• A preface that includes a succinct explanation of the purpose and nature of the piece that incorporates the design;
• Cross-reference with more relevant applications
• A statement regarding federally funded studies;
• An explanation of the drawing’s figures;
• An explanation of the characteristics
• Single claim;
• Sketches or photos;
• and a signed declaration.

Utility Patents

These are one of the most common patents amongst all. These patents safeguard an invention by granting the inventor a 20-year restricted monopoly from the application’s filing date. Extensions of up to five years are offered for additives, medications, and medical devices. After then, the creator will be able to prevent third parties from producing, utilizing, importing, or selling their innovation. By suing an infringer, the patent owner can also obtain damages. Utility patents can be mechanical, electrical, or chemical, but will only be granted if specific requirements are met.

To be patentable, the invention needs to be both workable and practical, as the term “utility patent” implies. The utility criterion has a moral component known as the “beneficial use” strand; however, it hasn’t been used extensively in years. It is necessary to be able to demonstrate how the invention functions in the actual world when filing for a patent. Patents are not granted for fantastical or speculative machines, like a perpetual motion machine.

Some of the key components which must be included in a utility patent application are as under:

• A procedure or approach used to create a practical and concrete outcome, like computer software;
• A device;
• A manufactured item;
• A mixture of materials;
• or an advancement of an invention that fits into one of the previous categories.

Plant Patent

This patent protection can be applied for, in case a novel and different variety of plant is produced asexually such as by root cuttings, layering, budding, grafting, and other similar techniques. Plants produced by breeding or other human endeavors are not protected by patents unless they are invented or found. The term “plant” is employed in the legislation, but not in the rigorous scientific sense; rather, it is used in the common sense. The entire plant is covered by the patent, and only one claim is permitted. Tuber-propagated plants and plants that are found in an uncultivated state are excluded.

Some of the key contents which must be included in a plant patent application are as under:

• Transmittal form;
• Fee transmittal form;
• Application data sheet;
• Specification including title of the invention, cross-references, a statement about federal research, the Latin name of the plant’s genus and species, the plant’s variety denomination, the background, a summary, a description of the drawing, a detailed botanical description, a single claim, and an abstract of the disclosure
• Drawings;
• An inventor’s declaration or oath.

Business Method Patents

One kind of utility patent that shields a method as opposed to a tangible product is the business method patent. Online businesses who use software have found it to be extremely helpful. The owner of a business method patent, sometimes referred to as an internet patent, is granted control over the method’s intellectual property throughout the duration of the patent. This implies that they have the authority to restrict the process’s use by other businesses or, in exchange for a charge, to provide licenses to other businesses.

Obtaining a business method patent could run you several thousand dollars or more when legal fees are factored in. In addition, after three and a half, seven and a half, and eleven and a half years, the patent owner will have to pay maintenance fees to the U.S. Patent and Trademark Office. The time between submitting an application and receiving a patent is known as the pendency period, and it typically lasts two or three years. During the pendency phase, you cannot prevent someone else from using the process. Twenty years from the date of filing, a patent expires.

Some of the key requirements for a business patent are as under:

• The business method must be patentable subject matter rather than an abstract idea;
• It also must meet the usefulness requirement;
• A novel business method must be different from any previous method or invention, and it must not have been exposed to the public;
• A business method that is non-obvious must produce a result that is new or unexpected to someone in the relevant field.

5. Improvements and New Use patents

Many inventions are just refinements upon earlier creations rather than being wholly original. This could include incorporating a new element into an already-existing creation, using an already-existing invention in an unexpected way, or bringing new technology to an outdated product.

• Improvement Patent: Improvement patents split into two categories: addition inventions and replacement inventions. An addition invention involves the addition of a previously absent component to a process or product. An invention known as a substitute replaces an existing product or method with a new one that is more effective in achieving the same goal. After replacing its online shopping cart with one-click purchases, Amazon applied for a patent on the one-click procedure as a replacement invention.
• New Use Patent: At times, an inventor or a business will learn that a patented product or a part of a patented product can be utilized for a different purpose than the patent owner had intended. They are eligible to receive a patent for that usage if the goal is sufficiently unique. For example, a company that treated human baldness with an ointment intended for cow udders was granted a patent for this novel application of the ointment. Despite the fact that the second business did not contribute anything to the ointment’s composition, the Federal Circuit maintained the patent’s validity.

CONCLUSION

Thus, it can be concluded that, the field of patent law plays a critical role in protecting intellectual property rights worldwide and guaranteeing that creators are granted exclusive rights to their works. Through its classifications of patents design, utility, plant, business technique, and improvements/new uses United States Title 35 offers a strong framework. Every kind has a specific function, ranging from safeguarding decorative patterns to creating useful innovations and distinctive plant species. Securing patent rights necessitates adhering to strict application standards, such as comprehensive specifications and declarations. Inventors can confidently bring their discoveries to market by understanding these regulations and ensuring that their intellectual property is safeguarded.

Author: Ankita Bhardwaj, in case of any queries please contact/write back to us via email to [email protected] or at IIPRD. 

REFERENCES

1. Types of Patents Available Under Federal Law. (2023, October 15). Justia. https://www.justia.com/intellectual-property/patents/types-of-patents/
2. Description of Patent Types. (n.d.). https://www.uspto.gov/web/offices/ac/ido/oeip/taf/data/patdesc.htm
3. Business Method Patents & Legal Requirements. (2023, October 18). Justia. https://www.justia.com/intellectual-property/patents/types-of-patents/business-method-patents/
4. Improvement and New Use Patents Under Federal Law. (2023b, October 18). Justia. https://www.justia.com/intellectual-property/patents/types-of-patents/improvement-and-new-use-patents/