Patents

• Author: Steven H. Voldman
• Profession: Is an IEEE Fellow and graduate of Massachusetts Institute of Technology (MIT)
• Pages: 85-138

From Invention to Patent: A Scientist and Engineer’s Guide. First Edition. Steven H. Voldman.

© 2018 John Wiley & Sons Ltd. Published 2018 by John Wiley & Sons Ltd.

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4.1 Introduction

In this chapter, the focus is on patents and patent structure[1–26]. Different types of

patents are reviewed, with an emphasis on the differences.

4.2 Patent Types

Different patent applications are offered by patent offices worldwide. In the United

States Patent and Trademark Office (USPTO), three types of patents are offered. They

are utility patents, design patents, and plant patents [1, 9, 10] (Figure4.1). These patents

are discussed in the following sections, highlighting the distinctions between them.

4.2.1 Utility Patents

A utility patent is a patent that protects useful processes, machines, articles of manufac-

ture, and composition of matter [1, 10, 21–23]. A utility patent can be a structure, an

apparatus, or a method. In science and engineering, the majority of patent applications

are utility patents. In electrical engineering, these can be s emiconductor devices, cir-

cuits, and systems (Figure4.2).

4.2.2 Design Patents

A design patent is a patent that protects designs. A design patent is an intellectual prop-

erty right that protects a new and unique design [1]. A design patent can help an inven-

tor secure higher profits during the patent protection period by preventing competitors

from copying the design. A design can be any item from a cell phone, automobile

bodydesign to containers or bottles. A design patent contains all different perspectives

of a design. The design patent is designated by “DXXXX” for its patent number. The “D”

designates a design patent. Design patents in the United States are granted by the

USPTO to the inventor or the inventor’s heirs [1].

Patents

From Invention to Patent: A Scientist and Engineer’s Guide86

4.2.3 Plant Patents

A plant patent is a patent for a given new plant. The plant patent is designated by

“PPXXX” for its patent number. The “PP” designates a plant patent. A plant patent is an

intellectual property right that protects a new and unique plant’s key characteristics

from being copied, reproduced, sold, or used by others [1]. A plant patent can help an

inventor secure higher profits during the patent protection period by preventing com-

petitors from using the plant. Plant patents in the United States are granted by the

USPTO to the inventor or the inventor’s heirs [1].

With some exceptions, a patent application for a plant is subject to the same require-

ments as a utility application. Title 37 of the Code of Federal Regulations, Section1.163(a))

requires that the specification must contain as full and complete a botanical description

as reasonably possible of the plant and the characteristics that distinguish that plant

over known, related plants [1]. The components of a plant application are similar to

those of a utility application.

4.3 Patent Structure forUtility Patents

In this section, the patent structure for a utility patent is discussed. The patent structure

is detailed in Figure4.3 [1, 10, 21–23].

Utility

Plant

Design

Figure 4.1 Patent types.

Method

Apparatus

Structure

Utility patents

Figure 4.2 Utility patent.

Patents 87

In these sections, there are specific guidelines and rules ass ociated with each section.

4.3.1 Utility Patent–Title

Title of the patent draft should be short and specific. The title must be less than 500

characters long. The words in the title are typically capitalized [1].

4.3.2 Utility Patent–Background Section

The Background section opens the patent disclosure. This section start starts with Field

of the Invention followed by prior art material that can include issued patents, patent

applications, publications, and references [1].

The Background Section prepares the reader to understand the field of the patent

disclosure and discusses the advantages and disadvantages of the prior art. Note that in

this Background Section, the invention itself is not to be discussed. Any material dis-

cussed in this section will be viewed a s prior art.

4.3.3 Utility Patent–Field oftheInvention

The Field of the Invention section opens the Background Section of the specification

with a statement relating to the field of the invention and then highlights a more specific

area within the field. It is typically a single sentence [1, 10].

4.3.4 Utility Patent–Summary Section

Following the Background section, the Summary section is placed. In this section, it

may contain the following:

Title

Background Section

Field of the Invention

Summary

Brief Description of Figures

Detailed Description of the Invention

Claims

Abstract

Utility Patent

Figure 4.3 Utility patent structure.