Types of Applications

35 U.S.C. 101

Inventions patentable.

Whoever invents or discovers any new and useful process, machine,

manufacture, or composition of matter, or any new and useful improvement thereof, may

obtain a patent therefor, subject to the conditions and requirements of this title.

35 U.S.C. 161

Patents for plants.

Whoever invents or discovers and asexually reproduces any distinct

and new variety of plant, including cultivated sports, mutants, hybrids, and newly found

seedlings, other than a tuber propagated plant or a plant found in an uncultivated

state, may obtain a patent therefor, subject to the conditions and requirements of this

title.

The provisions of this title relating to patents for inventions

shall apply to patents for plants, except as otherwise provided.

35 U.S.C. 171

Patents for designs.

(a) IN GENERAL.—Whoever invents any new, original, and ornamental

design for an article of manufacture may obtain a patent therefor, subject to the

conditions and requirements of this title.

(b) APPLICABILITY OF THIS TITLE.—The provisions of this title

relating to patents for inventions shall apply to patents for designs, except as

otherwise provided.

(c) FILING DATE.—The filing date of an application for

patent for design shall be the date on which the specification as prescribed by

section

112

and any required drawings are filed.

Patent applications can be directed to three broad types of

subject matter:

(A) applications for patents as provided for by

35 U.S.C.

101

relating to a “new and useful process, machine,

manufacture, or composition of matter," etc.;

(B) applications for plant patents as provided for by

35 U.S.C.

161

; and

(C) applications for design patents as provided for by

35 U.S.C.

171

.

The first type of patent application is sometimes referred to

as a “utility” patent applications when being contrasted with a plant or design patent

application

relating to a “new and useful process, machine,

manufacture, or composition of matter," etc.;

(B) applications for plant patents as provided for by

35 U.S.C.

161

; and

(C) applications for design patents as provided for by

35 U.S.C.

171

.

The first type of patent application is sometimes referred to

as a “utility” patent applications when being contrasted with a plant or design patent

application. The specialized procedure which pertains to the examination of applications

for design and plant patents are treated in detail in

Chapters 1500

and

1600

, respectively.