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A utility patent is granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof. A utility patent is the most common type of patent issued by the U.S. Patent and Trademark Office.

A design patent is granted to any person who has invented any new, original and ornamental design for an article of manufacture. The design patent protects only the appearance of an article, and not its structure or utilitarian features. A design patent has a term of 14 years from the grant and no fees are necessary to maintain a design patent in force.

A plant patent is granted to anyone who has invented or discovered and asexually reproduced 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.

When a patent is defective in certain aspects, the law provides that the patent owner may apply for a reissue patent. That is, a patent is granted to replace the original utility, design, or plant patent, and is granted only for the balance of the unexpired term. However, the nature of the changes that can be made by a reissue patent are rather limited; new matter cannot be added.

Any person may file a request for re-examination 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 re-examination proceedings, a certificate setting forth the results of the proceedings is issued. A copy of the patent is included with the certificate.


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