What is the difference between a product and a process patent?

Product patents protect inventions that are tangible things with a unique design, such as a new type of gadget or machine. Process patents are quite different in that they protect a particular method or system for accomplishing something, such as a new way of manufacturing a product. In South Carolina, product patents and process patents are granted through the United States Patent and Trademark Office (USPTO). However, product and process patents differ in the level of protection that they provide. Product patents provide exclusive rights to produce, use, and sell an invention by an inventor which is typically exclusive for a period of twenty years. Process patents, on the other hand, only provide protection against others who use the same process or method to make a product. This means that process patents do not provide the same level of protection that product patents do. In South Carolina, anyone who seeks patent protection must file an application with the USPTO. Depending on the invention, the application may be for a product patent or a process patent. A product patent will provide a patent holder with exclusive rights to their invention. A process patent however, can provide protection against competitors who use the same process to make their own products. In this way, process patents can help inventors protect their unique methods of producing a product.

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What is the difference between a product and a process patent?

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