Patents, trademarks, copyrights and trade secrets comparedReviewed 9 November 2026
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Types of IP

What is a patent?

Answer in brief

A patent is a right granted by the USPTO to exclude others from making, using, selling or importing an invention for a limited time. It does not by itself give you the right to make the invention.

Kinds of patents

  • Utility: processes, machines, articles and compositions; generally 20 years from filing.
  • Design: ornamental designs; 15 years from grant.
  • Plant: new asexually reproduced plant varieties.

How to get one

File an application with the USPTO, usually prepared by a registered patent attorney or agent. See Patent Law Center for the process.

Sources for this entry

  1. USPTO — Managing a patent USPTO
    A utility patent's term is generally 20 years from the earliest filing date, subject to maintenance fees; it grants only the right to exclude.
  2. USPTO — Types of patent applications USPTO
    Utility, design and plant patents; a provisional application is abandoned 12 months after filing and is not examined.
  3. USPTO — MPEP § 1505 Term of Design Patent USPTO
    Design patents from applications filed on or after May 13, 2015 last 15 years from grant (35 U.S.C. 173).

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Types of intellectual property

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Best IP Law. “What is a patent?.” Wysebridge Reference. Content reviewed 9 November 2026.
https://bestiplaw.com/what-is-a-patent/