Key Takeaways

  • A patent publication type grant means the USPTO has approved your utility or design patent application, granting enforceable rights.
  • Patent applications may be provisional or non-provisional, and only after examination and approval do they become enforceable patents.
  • Utility patents protect how an invention works and last 20 years from the filing date, with ongoing maintenance fees.
  • Design patents protect the appearance of an invention, last 14–15 years, and require no maintenance fees.
  • A published application simply discloses the invention (usually 18 months after filing) but does not grant enforceable rights.
  • A granted patent provides legal exclusivity, allowing the holder to prevent others from making, using, or selling the invention.
  • Through the Patent Cooperation Treaty (PCT), inventors can file a single application for protection in multiple countries, though patents must still be granted locally.
  • Understanding the distinction between publication and grant helps avoid confusion: published applications are public disclosures, while granted patents carry enforceable rights.

A patent publication type grant means that your patent application has been accepted by the United States Patent and Trademark Office (USPTO) for a utility or design patent. This indicates that you have successfully answered all office actions submitted by the agency and will be granted a patent. This is sometimes called a letters patent or issued patent. The patent gives you the right to seek legal action against others who infringe on the protected invention. Patent applications are subject to detailed investigation by examiners before these rights are granted or denied.

Applying for a Patent

If you have an invention, you can file a non-provisional or provisional application for patent protection with the USPTO. The difference depends on the amount of information you want to disclose about your invention. If you file a provisional application, you have a year to provide complete disclosure about your invention, after which point the application will become non-provisional.

During the application process, you do not have the rights of a patent holder and may not prevent third parties from using or making the invention through legal action. In this phase, your application will be assigned a tracking number used by the USPTO. This is a two-digit number, typically 09, 10, or 11, followed by a hash mark and another six-digit number.

Published Application vs. Granted Patent

It’s important to distinguish between a published application and a granted patent. When you file a non-provisional application with the USPTO, it is typically published 18 months after filing, making the details of your invention publicly accessible. At this stage, however, you do not yet hold enforceable rights. Publication simply discloses your invention to the public and may serve as a defensive measure against competitors by establishing prior art.

A granted patent (sometimes called a patent type grant) comes later, once the USPTO examiner has completed review and determined your invention is novel, useful, and non-obvious. Only then are you issued a patent number and provided the exclusive legal rights to your invention. The granted patent allows you to enforce your rights, including bringing lawsuits against infringers.

Utility Patents

This category makes up 90 percent of patents granted. This type of patent protects an invention's functional components. Some types of inventions covered by utility patents include:

  • Compositions
  • Processes
  • Machines
  • Methods
  • Manufactured items with a specific use
  • Improvements to any of these items

When reviewing a utility patent, examiners consider whether the function of the invention is specific, novel, and not obvious to someone with reasonable skill and knowledge in the industry in question.

After filing your utility patent application, you can mark your invention with patent pending to provide a disclaimer. Third parties who use a patent-pending invention may be subject to damages if the patent application is successful. When your patent is issued, you have the legal right to sue others who use, distribute, sell, or make your invention without permission.

Utility patents are good for 20 years from the application file date. In certain cases, you may be able to extend the life of your patent. Inventors must pay initial fees as well as ongoing maintenance fees to keep patents valid.

While utility patents make it very difficult for competitors to copy the function of your invention and successfully protects you against infringement, they can be costly to obtain, take up to three years to be issued, and do not protect an invention's design unless it has a use.

Requirements for Patent Type Grant

For a utility patent to move from application to a patent type grant, it must satisfy three key requirements:

  • Novelty – the invention must be new and not previously disclosed in prior art.
  • Utility – the invention must have a clear, practical use.
  • Non-obviousness – the invention must not be an obvious improvement to someone skilled in the field.

The examiner also checks that the application meets formal requirements, such as proper claims and supporting documentation. If the examiner issues an office action rejecting some or all claims, the applicant must respond with amendments or arguments. Only when the examiner is satisfied does the application proceed to a granted patent.

Design Patents

Design patents are granted to protect an invention's decoration, design, shape, or other elements of its appearance. The design in question must be non-functional since useful designs are covered by utility patents.

As with utility patents, the examiner will determine whether your design is not obvious, specific, and novel. If you want to protect both the utility and design of your invention, you'll have to file two separate patent applications.

To apply for a design patent, you'll need to describe the unique aspects of the invention's appearance and provide images or sketches.

Design patents last 14 years and, unlike utility patents, are not subject to maintenance fees. In addition to being more affordable, they can usually be obtained more quickly than can utility patents.

Legal Rights After a Grant

Once a patent type grant is issued—whether for a utility or design patent—you gain exclusive rights over the invention. These include the ability to:

  • Exclude others from making, using, selling, or importing the invention without permission.
  • License the patent to generate revenue.
  • Enforce rights through litigation if infringement occurs.

However, keep in mind that granted patents are still subject to challenges. For example, third parties may attempt to invalidate your patent through reexamination or post-grant proceedings. Therefore, while a grant provides strong protection, it is not immune from legal scrutiny.

Patent Cooperation Treaty Applications

You can apply for a patent with many participating countries through the World Intellectual Property Organization (WIPO) Patent Cooperation Treaty (PCT). You submit one application that will be reviewed by your choice of more than 140 nations. However, each individual patent office is responsible for issuing an actual patent in that country.

PCT publication numbers start with WO, followed by a two-digit year, publication number, and A followed by a number that indicates the publication number (A1, A2, etc.).

Keep in mind that when your patent is granted, the application number remains unchanged. If you search the application number in the database, your patent will not be listed as issued. Instead, you will receive a new patent number that is used exclusively for the granted patent.

Patent Numbers and Tracking

When your patent application is first filed, it is assigned an application number, which remains constant throughout the process. Once granted, the USPTO issues a separate patent number for enforcement and citation purposes. This distinction is critical: searching by application number in databases will show the filing history, while searching by patent number reveals the enforceable rights of the granted patent.

Internationally, numbering systems vary. For example, under the PCT, publication numbers begin with WO, followed by the year and application code. U.S. patents, on the other hand, are sequentially numbered once granted. Understanding this difference ensures you locate the correct legal document when verifying patent rights.

Frequently Asked Questions

  1. What is the difference between a published application and a granted patent?
    A published application discloses your invention publicly, but only a granted patent provides enforceable rights to exclude others from using your invention.
  2. How long after filing is a patent application published?
    Most U.S. applications are published 18 months after the earliest filing date, even before the USPTO decides whether to grant the patent.
  3. What rights do I gain with a patent type grant?
    A grant gives you exclusive rights to make, use, sell, and license your invention, along with the ability to enforce those rights in court.
  4. Can a granted patent still be challenged?
    Yes. Competitors or third parties can challenge the validity of your patent through reexamination or post-grant proceedings.
  5. Does a PCT application automatically grant patents worldwide?
    No. A PCT application simplifies the process but each country’s patent office must still review and issue its own grant.

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