Patent applications and patent related proceedings can feel confusing when you are first learning about the invention process. Many people assume there is only one type of patent application, but the United States Patent and Trademark Office, or USPTO, recognizes several application types and proceedings.
This guide explains common patent terms in plain language for inventors who are just getting started. It is for general educational purposes only and should not be considered legal advice. For questions about your specific invention, patent rights, or filing strategy, you should speak with a registered patent attorney or patent agent.
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A patent application is a formal request submitted to the USPTO asking for patent protection.
According to the USPTO Manual of Patent Examining Procedure, applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation in part applications. The USPTO also recognizes provisional applications filed under 35 U.S.C. 111(b).
In simple terms, a patent application explains what the invention is, how it works, and what the inventor is seeking to protect.
A typical patent application may include:
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After filing, the USPTO reviews the application to determine whether it meets the requirements for patent protection.
The USPTO explains that patents generally fall into three main categories: utility patents, design patents, and plant patents.
Each type applies to a different kind of invention.
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Utility Patents
Utility patents are generally associated with how an invention works or functions. These may involve machines, processes, manufactured products, compositions of matter, or improvements to existing inventions.
Common examples may include:
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For many inventors, this is the patent type they hear about most often.
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Design Patents
Design patents focus on the appearance of a product rather than how it works.
In simpler terms, this means the visual look or decorative design of an item may be the focus.
Examples may include:
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A design patent does not protect the function of the product.
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Plant Patents
Plant patents apply to certain new plant varieties. These are less common for everyday consumer product inventors and usually relate to agriculture, horticulture, or plant development.
A provisional patent application is often used as an early filing step.
The USPTO describes a provisional application as a filing that can establish an earlier effective filing date and allows the term “Patent Pending” to be used in connection with the invention.
A few key points:
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This type of filing may be used by inventors who are still developing, testing, or refining their invention.
A nonprovisional patent application is the formal application reviewed by the USPTO for possible patent approval.
A nonprovisional utility patent application usually includes:
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During examination, the USPTO reviews the application and compares it with existing patents, publications, and other information.
After a nonprovisional application is filed, the USPTO assigns it to a patent examiner.
The examiner reviews the application to determine whether it meets the legal requirements for patent protection. This process may include reviewing the invention description, searching prior patents and publications, and issuing written communications to the applicant.
This review process can take time, and not every application is approved.
An Office Action is a written communication from the USPTO during examination.
It may include questions, objections, rejections, or requests for changes. Receiving an Office Action is common during the patent process and does not automatically mean the application will fail.
An applicant or their patent professional may respond with clarification, amendments, or legal arguments.
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A continuation application is generally used when an applicant wants to continue pursuing claims based on an earlier application.
This may happen when:
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Because continuation practice can involve legal strategy, inventors should consult a qualified patent professional.
A divisional application may occur when an original application includes more than one invention.
In some cases, the USPTO may require the applicant to separate inventions into different applications. This allows each invention to be examined separately.
A continuation in part application, often called a CIP, may be used when an applicant adds new material to an earlier application.
This may apply when:
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Because new material can affect filing dates and rights, this is another area where legal guidance is important.
The phrase “Patent Pending” means a patent application has been filed, but a patent has not yet been granted.
Patent pending status does not mean the USPTO has approved the invention. It means an application is on file.
The length of patent protection depends on the type of patent.
According to the USPTO, utility and plant patents may have a term of up to 20 years from the date the first nonprovisional application was filed. A design patent is granted for a term of 15 years from the date of grant.
Maintenance fees may be required for utility patents.
Some patent proceedings happen after a patent has been issued.
These may involve additional USPTO review, correction, or legal challenges. These proceedings can be complex, and inventors should seek legal guidance if they are involved in a post grant matter.
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Reexamination is a process where the USPTO reviews an issued patent again, often because new prior art or questions about patentability have been raised.
This is not part of every patent journey, but it may arise in certain situations after a patent has been granted.
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Not all patent activity happens inside the USPTO.
Patent litigation usually involves disputes in court. These disputes may involve infringement claims, ownership issues, or licensing disagreements.
Licensing is different. Some inventors choose to license patent rights to a company, allowing the company to manufacture, sell, or commercialize the invention under agreed terms.
A patent does not guarantee licensing or commercial success, but it may be part of a broader invention strategy.
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Patent applications involve legal language, technical descriptions, drawings, claims, deadlines, forms, and government procedures.
That is why many inventors work with registered patent attorneys or patent agents when deciding how to move forward.
Patent applications and proceedings may sound overwhelming at first, but they are easier to understand when broken into smaller parts.
For many inventors, the process begins with:
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This guide is intended to help inventors become more familiar with common patent terms and processes. It should not replace advice from a registered patent attorney or patent agent.
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The United States Patent Office states that there are different types of Patent Applications/Proceedings. They are:
InventHelp gives no advice as to whether your idea is patentable. Such advice may come only from a patent attorney or licensed patent agent. If you wish patent advice, it is advisable to seek advice from an independent patent attorney.
