Filing a Patent


Three types of patents that can be applied for with the United States Patent & Trademark Office.


January 1, 2021

Filing a patent first starts with preparing a patent application and determining the type of patent being filed. Generally, there are three types of patents that can be applied for with the United States Patent & Trademark Office (USPTO): utility , design , and plant patents.


  • Utility patents: Protect any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. Utility patents protect the functional aspect of your invention, including business method patents;


  • Design Patents: protect any visual ornamental characteristics embodied in, or applied to, and article of manufacture. Design patents protect the ornaments, non-functional aspects of your invention; and


  • Plant Patents: protect any new variety of plant other than a tuber propagated plant or plant found in an uncultivated state.



Our Dallas patent attorneys at Wilson Legal Group PC provide patent protection and patent counseling through all stages of patent prosecution and litigation. For more information on Patents click here.


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All information and summaries are intended as informational only regarding legal trends and news. Nothing should be taken as legal advice or legal opinion and readers should seek out advice from legal counsel prior to acting on information provided by this blog. 


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