The Three Different Types of Patents Issued By The USPTO
Utility patents may be granted to anyone who invents a useful process, a machine, an article of manufacture, or a composition of matter. Examples: fiber optics, computer hardware, or medications. Utility patent can be provisional or non-provisional. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Examples: the look of an athletic shoe, a bicycle helmet, and the Star Wars characters. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Examples: Hybrid tea roses, Silver Queen corn, Better Boy tomatoesWho can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.Guide To Patenting And USPTO Patent Applications - What can be patented? What does novelty mean?
In legal terms, any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof , may obtain a patent, subject to the conditions and requirements of the law. A process is defined by law as a process, act or method, and primarily includes industrial or technical processes. A process is the way an invention performs rather than the way it is structured. Computer software performs a certain way, it makes certain processes. Another example would be the process for making a drug. Machine should need no explanation. The term manufacture refers to articles which are made, and includes all manufactured articles.Patentability Search
If you do a quick search and don't find your idea the next step is to get a professional patent search. Why? Because a professional patent searcher will find the patents that you cannot. If you are an inventor that is interested in making money from your idea you want to know what other people have patented. Almost always it is money well spent. If a professional search turns up patents that are similar to your idea, you can make an informed decision whether you move forward with the idea or not. If nothing turns up in a professional search it can energize you to finish evaluating and developing your idea. Now could be a good time to get a patent. Check out how to patent an invention. Both outcomes are equally important and you should celebrate either one. When you find your great idea has already been patented you can pat yourself on the back for saving thousands of dollars and lots of hours of your time. If your idea turns out to be original and you decide to pursue it, get to work. Inventors really can make a lot of money with an original product idea.patented invention
When you conduct the online patent searches, you'll be able to read the full text of the patents and see diagrams. Don't be discouraged if you do find your invention idea is already patented. You may be able to come up with a variation that's not patented...And double check the patent. Sometimes, what looks like the same invention idea may actually be quite different. Some of the free searches may not involve a complete search of all granted patent archives and patent applications for all time. You may want to consider hiring a registered patent attorney to find this information for you.