Some type of hardware must be involved in the process to qualify for protection. The law does not want to limit what a person can do essentially with the body alone. Utility Patent Utility patents are the most common patents and protect inventions that function in a specific and unique way that produces a utilitarian result. Examples are computer hardware, chemical structures, keyboards, automobile engines, and medical procedures. Design Patent Design patents protects a unique visible and aesthetic shape or design of an object.
Examples are drawings of a computer monitor prototype, radio, phones, and shoes.
However, the shape must be purely ornamental or aesthetic and not utilitarian. If the shape serves both an ornamental and utilitarian function, then a utility patent must be filed. If the answer is both structural and functional, then a utility patent must be filed. Plant Patent Plant patents protect asexually or sexually reproductive plants like grasses, flowers, trees, bushes, and mosses. 2000 California Western School of Law.