What is a patent?
A patent is a property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.
What do the terms “patent pending” and “patent applied for” mean?
They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the United States Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public.
Who can apply for a patent?
A patent may be applied for only in the name(s) of the actual inventor(s).
Do I need professional assistance to file a patent?
An application for a patent is made to the Commissioner of Patents and includes:
- A written document which comprises a specification (description and claims), and an oath or declaration;
- A drawing in those cases in which a drawing is necessary; and
The filing fee.
Incorporated in the United States Department of Commerce, Patent and Trademark Office’s booklet, Basic Facts About Patents, is the following important warning:
“While it is possible for an individual to successfully prepare and prosecute a patent application, we have found that the complexity of the laws, regulations and formal application requirements are often misunderstood or misinterpreted by persons who are untrained and unfamiliar with the patent process. The misunderstandings or misinterpretations often lead to errors which are costly if not impossible to rectify.”
What can and cannot be patented?
Patents are provided for items and concepts which are new, non-obvious and useful:
- Processes
- Products
- Machines
- Article of manufacture
- Composition of matter
- Improvement of any of the above
An invention must also be:
- Novel
- Non-obvious
- Adequately described
- Claimed by the inventor in clear and definite terms.
What cannot be patented:
- Laws of nature
- Physical phenomena
- Abstract ideas
- Literary, dramatic, musical, and artistic works
- Inventions which are:
- Not useful (such as perpetual motion machines); or
- Offensive to public morality
How long does patent protection last?
For applications filed on or after June 8, 1995, utility patents are granted for a term of 20 years from the date you first applied for the patent. Design patents last 14 years from the date you are granted the patent. Provisional Patents grant patent pending status for a term of one year.
What is the point of getting a Patent?
Patents provide the mechanism that allows inventors to license and sell their inventions. Patents grant a right to exclude others from making, using, offering for sale, or selling the patented invention. Often the mere fact that a product is patented will prevent others from copying in order to avoid the possibility of litigation.
Is a patent required when the invention is the use of a material for a different purpose?
You may want to apply for patent protection in order to protect a new use of an old product.
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