P A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. Patents, which convey to the owner exclusive rights to the claimed invention, are granted to inventors who file an application with the United States Patent and Trademark Office (USPTO).
There are three types of patents available in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant. Each confers “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or importing the invention into the United States. Generally speaking, when one speaks of “a patent” generically, the reference is to a utility patent. Again, generally speaking, if a design or plant patent are being discussed the qualifying terms “design” or “plant” are almost universally included in the discussion.
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