Types of Applications
1. Provisional
Since June 8, 1995, the United States Patent and Trademark Office (USPTO) has offered inventors the option of filing a provisional application for patent which was designed to provide a lower-cost first patent filing in the United States. Applicants are entitled to claim the benefit of a provisional application in a corresponding non-provisional application filed not later than 12 months after the provisional application filing date.
Under the provisions of 35 U.S.C. § 119(e) , the corresponding non-provisional application would benefit in three ways: (1) patentability would be evaluated as though filed on the earlier provisional application filing date, (2) the resulting publication or patent would be treated as a reference under 35 U.S.C. § 102(e) as of the earlier provisional application filing date, and (3) the twenty-year patent term would be measured from the later non-provisional application filing date.
Thus, domestic applicants are placed on equal footing with foreign applicants with respect to the patent term. Inventors may file U.S. provisional applications regardless of citizenship. Note that provisional applications cannot claim the benefit of a previously filed application, either foreign or domestic.
2. Utility
An application for a utility patent is one that describes any new and useful process, machine, article of manufacture, composition of matter, or any new and useful improvement, thereof.
3. Design
An application for a design patent is for an invention that describes a new, original and ornamental design for an article of manufacture.
4. Plant
An application for a plant patent describes an invention or discovery for asexual reproduction of any distinct and new variety of plant.
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