INTELLECTUAL PROPERTY LAW BASICS A US patent gives an applicant the right to exclude others from making, using, selling, or offering for sale a patented invention in the US. A US patent does not give an applicant the right to use or practice the invention. This right to exclude others from using the patented invention typically lasts for 20 years from the filing date of a utility application. There are three types of patent applications: utility patent applications, design patent applications, and plant patent applications. Utility patent applications involve structural and functional inventions and represent the majority of the US patent applications. There are also two types of utility patent applications: provisional applications and non-provisional. A non-provisional application is examined and has the potential to issue as a US Letters Patent.  A provisional application allows an applicant to obtain an early filing date with fewer formalities and a lower cost than a non-provisional application. A provisional application is not examined and cannot issue as a US Letters Patent. Further, a provisional application expires after 12 months from the filing date, so any non-provisional application claiming priority to the provisional application must be filed by this one-year date. Design patent applications are limited to the design of an invention. Design patent applications protect the overall appearance of an invention, not the structural and functional characteristics. Plant patent applications involve new species of plants. For information more information please contact us directly or the United States Patent & Trademark Office website. Disclaimer: The information set forth on this page is for general information puposes only and does not, in any way, constitutes legal advice. If you are interested in obtaining legal advice or establishing an attorney-client relationship, please contact our office.