The invention must be new (in all the world), not obvious relative to known things and combinations of known things, and must be describable in the patent application, in such detail as to enable others to make and use the invention.

Three separate types of U.S. patents are available as follows:

A Utility patent (most common) protects the physical aspects of inventions and how they work, including: a process or method, a machine or device, an article of manufacture, a composition of matter or materials, and, any new improvement on any of these. The utility patent is considered to potentially provide broader (stronger) patent protection.

A Design patent protects the visual ornamental characteristics embodied in, or applied to, an article of manufacture. The design patent is considered to potentially provide narrower (weaker) patent protection.

A Plant patent protects any asexually reproduced, distinct and new variety of plant other than a tuber propagated plant or a plant found in an uncultivated state (wild).