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Santa Clara UniversityUniversity Library

Patent Information

One Size Does Not Fit All

In the United States, there are three main types of patents, each protecting a different kind of invention or innovation.

Type of Patent What It Protects Examples Patent Term Additional Information
Utility New and useful processes, machines, manufactured items, compositions of matter, or improvements of these.
  • A new type of engine
  • Software algorithms (in specific cases)
  • A method for purifying water
  • Pharmaceutical compounds
 20 years from the filing date (but maintenance fees are required at 3.5, 7.5, and 11.5 years to keep it active).
  • Most common type (about 90% of U.S. patents)
  • Covers the functional or utilitarian aspects of an invention
Design New, original, and ornamental design for an article of manufacture (i.e., how something looks—not how it works).
  • The curved shape of a Coca-Cola bottle
  • The icon layout on a smartphone screen
  • Unique designs of furniture, shoes, or jewelry
 15 years from the grant date (no maintenance fees required).
  • Protects appearance only, not functionality
  • Can be powerful in industries where aesthetics drive value
Plant New and distinct varieties of plants that are asexually reproduced (not from seeds—usually by grafting or cuttings).
  • A new type of rose
  • A fruit tree with improved resistance
  • A hybrid grapevine
 20 years from the filing date (no maintenance fees).
  • Must be distinct, stable, and reproducible
  • Does not cover tuber-propagated plants (like potatoes)

Additional Note: Plants can receive either a plant patent or a utility patent. A plant qualifies for a utility patent if it is genetically modified or engineered.

Legal Disclaimer

This guide is designed to share information on patent protections, searching and related topics. This guide does not supply legal advice nor is it intended to replace the advice of legal counsel.