(Updated September 2025 for clarity and accuracy.)
Patents exist to protect inventions and ideas that are new and not obvious to others in the field. In simple terms, a patent is a type of intellectual property that gives you, the inventor, the legal right to control how your invention is used.
With a patent, you can stop others from making or selling your invention without permission, license it to earn royalties, take legal action if someone copies it, or even sell the patent to another company or individual.
There are three main types of patents every inventor should know: utility patents, design patents, and plant patents.
Utility Patents
Utility patents are by far the most common. They protect new or improved products, processes, or machines that serve a practical purpose.
Think of a utility patent as protecting how something works or what it does—not just how it looks. Once granted, a utility patent prevents others from making, using, or selling the invention without your permission.
Examples of inventions that may qualify include:
Machines: Anything with moving parts, such as an electric drill or a computer.
Articles of manufacture: Physical items like a ceramic mug, a chair, or a pair of sneakers.
Processes: Methods of doing something, such as a business process or a piece of software that improves efficiency.
Compositions of matter: Chemical formulas or compounds, such as a new pharmaceutical drug.
Design Patents
Design patents protect the appearance of an invention rather than its function. They cover the unique visual features of a product, such as its shape, surface design, or ornamentation.
It’s important to remember that design patents only apply to how an item looks. If you also want to protect how it works, you would need a utility patent in addition to the design patent.
Examples of design patents include:
The distinctive look of a jewelry piece or handbag.
A unique font style created for branding.
The design of a smartphone icon or computer graphic.
In other words, if the design is what makes your product stand out in the marketplace, a design patent could be the right protection.
Plant Patents
Plant patents apply to new and distinct plant varieties that are asexually reproduced (meaning reproduced without seeds). These patents often involve two inventors: one who discovered the new plant and another who reproduced it.
The goal of a plant patent is to prevent others from copying, selling, or using the unique plant variety. To qualify, the plant must be cultivated, reproducible without seeds, and genetically identical to the original through methods such as root cuttings, bulbs, or division.
Some key requirements for a plant patent include:
Filing the application within one year of first selling or releasing the plant.
Providing a detailed botanical description of what makes the plant unique.
Supplying drawings or images that show the plant’s distinct characteristics.
Examples of plant patents include new types of roses, apple trees, or grapevines that have been developed for commercial use.
Next Steps
Each of these patent types serves a different purpose, and the right one for you depends on the nature of your invention. If you’re unsure which type of patent best fits your idea, or if you need help preparing your application, contact Larson & Larson.
For a deeper look at the application process, check out our comprehensive guide: Getting Started with Patents: A Guide for First-Time Filers.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
