Currently, there are three types of United States patents: utility, design, and plant.
A utility patent protects the "structural and functional" aspects of an invention such as, what it is made from, how it operates, or how it is used. By law, a utility patent can be issued to any person who invents a new, useful, and nonobvious (1) process, (2) machine, (3) manufactured article, (4) composition of matter, or (5) any new and useful improvement to any of these types of inventions. "Process" means any process or method. "Manufacture" refers to articles that are made. "Composition of matter" relates to chemical compositions and may include mixtures of food ingredients and recipes, as well as new chemical compounds.
A design patent protects a new, original and ornamental design of an article of manufacture. Structural and functional aspects of an invention are not included in a design patent.
A plant patent is granted to any person who has invented or discovered, and asexually reproduced any distinct and new variety of plant, including cultivated spores, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state.
In many cases, it is better to pursue utility patent protection since protecting the function and structure of an invention is preferable over protecting the appearance. Nevertheless, when utility patent protection may not be available, or the appearance of an invention is more important than its function, design patent protection may be the best choice. There are also those situations where it may be appropriate to seek both utility and design patents for an invention. The inventor may believe both "function" and "appearance" are important, and when this occurs, the inventor may choose to file both design and utility patent applications for the same invention.
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