There are three different types of patents:

1. Utility Patent – a structure or apparatus that is new and useful (has “utility”). This type of patent covers function and can include machinery and medicine, and the patent protection lasts for 20 years.

2. Plant Patent – a newly discovered asexually reproduced new variety of plant. For example, a new type of rose can be patented, and the patent protection lasts for 20 years.

3. Design Patent – a new, original, ornamental design for a manufactured item. This patent covers the way an item looks, and the patent protection lasts for 14 years.

The U.S. Supreme Court stated that patent protection can “include anything under the sun that is made by man.” Any patentable item must be new, useful, and non-obvious. This does not include occurrences in nature or ideas. Patentable items include:

1. Process – Examples are a new way to make or do something which can include manufacturing, software, or business methods.

2. Machine – An example is new equipment.

3. Article of Manufacture – An example is a new tool.

The patent process can take two-three years. Once the patent is approved, the owner of the patent has the legal right to stop anyone else from making, using, selling, or copying the patented item. The application for a patent must be filed with the U.S. Patent and Trademark Office within one year after the item is created. If you think you have a new item that may be patentable and valuable, you can review the information on the U.S. Patent and Trademark Office website at www.uspto.gov. If you believe you have a new item of great value, it is recommended that you consult a patent attorney because of the complexity of the process.

Jo Ann Joy, Esq., MBA, CEO; www.IndigoBusinessSolutions.net Copyright 2006 Indigo Business Solutions. All rights reserved.