What Is a Patent?

 

A patent is a property right granted to an inventor by a governmental body. In exchange for a complete disclosure of the innovation, the inventor receives exclusive rights to the patented technique, design, or invention for a certain length of time. Patent applications are normally handled and approved by government bodies. The US Patent and Trademark Office (USPTO), which is part of the Department of Commerce, processes applications and issues approvals in the United States.

Patents: An Introduction

In the United States, most patents are valid for 20 years from the date the application was submitted with the USPTO, however there are few exceptions that allow a patent's validity to be extended. Patents issued by the United States are only valid in the United States and its territories. It is critical to investigate the intellectual property rights of other countries and apply for protection with their governing bodies if seeking protection outside of the United States.

Patents are classified into several categories.

Utility patents, design patents, and plant patents are the three categories of patents accessible in the United States. Each has its own set of requirements and timeframes.

Patents on inventions

People who develop a novel and useful procedure, an article of manufacture, a machine, or a composition of materials are granted utility patents, or patents for innovation. Utility patents are the most prevalent form of patent, accounting for more than 90% of all patents issued by the United States government. 2 As long as maintenance costs are paid, a utility patent lasts for 20 years from the date of filing. Surcharges applicable to utility patent applications filed after December 12, 1980 are known as maintenance costs.

Patents on Designs

Patents for unique, innovative, and ornamental designs for manufactured objects are known as design patents. Design patents protect a product's appearance or design. They want that the innovation to which the design relates be unique and functional. For applications filed after May 13, 2015, design patents are valid for 15 years. Patents are valid for 14 years from the date of filing for applications filed before May 13, 2015. Design patents are exempt from maintenance costs.

Patents on Plants

Plant patents are awarded to anybody who creates, discovers, or invents a new type of plant that can reproduce. There are no maintenance costs for these patents because they are issued for 20 years from the date of filing. Patents encourage businesses and people to keep creating innovative goods and services without fear of infringement. Large pharmaceutical corporations, for example, can invest billions of dollars in research and development. Their medications and medicines may be copied and sold by corporations who did not do research or devote the necessary cash in R&D if they did not have patents.

 

In other words, patents help businesses safeguard their intellectual property and increase their profits. Patents, on the other hand, can be used to demonstrate a company's innovativeness.

How to File a Patent Application

Before filing a formal application, an applicant should check the Patent and Trademark Office's database to determine if a patent for a similar invention has already been claimed by another person or institution. Than be eligible for a patent, the innovation must be unique or superior to a previous design. Applicants must keep meticulous records of the design process and the measures they took to develop their idea. The person or company who applied for the patent is responsible for enforcing it.

 

The applicant must submit required paperwork and pay related costs in order to file for a patent in the United States. Drawings, descriptions, and claims of the patented article are included in the written paperwork. The inventor must sign and submit a formal oath or statement verifying the legitimacy of the innovation or improvement of an existing invention.