Tyrean Patent Prosecution Law Firm

Plant patents may be granted to anyone who invents, discovers and asexually reproduces any distinct and new variety of plants, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state. Asexually propagated plants are those that are reproduced by means other than from seeds, such as by the rooting of cuttings, by layering, budding, grafting, inarching, etc. A plant patent cannot be obtained for a tuber-propagated plants, the term "tuber" is used in its narrow horticultural sense as meaning a short, thickened portion of an underground branch. Such plants covered by the term "tuber-propagated" are the Irish potato and the Jerusalem artichoke. Plant patents are indicated with a PP prefix , see PP08000 and PP00001.

A design patent presents the visual ornamental characteristics embodied in, or applied to, an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. Design patents are indicated by a D prefix , see D200000 and D000001

Whenever any patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee claiming more or less than he had a right to claim in the patent, the law provides that the patentee may apply for a reissue patent. Following an examination in which the proposed changes correcting any defects in the original patent are evaluated, a reissue patent may be granted to replace the original for the balance of the unexpired term. However, the nature of changes that can be made by means of the reissue are rather limited; new matter cannot be added. Reissue patents are designated by a RE prefix, see RE30000 and RE00001.

Any person may file a request for reexamination of a patent, along with the required fee, on the basis of prior art consisting of patents or printed publications. At the conclusion of the reexamination proceedings, a certificate setting forth the results of the reexamination proceeding is issued. Reexaminations are signified by a RX prefix, see RX00006

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. The nonprovisional (or utility) application establishes the filing date and initiates the examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee. See 5,000,000 and 0000001.