What Is A Patent?
It is just like a property right for the inventor. All U.S. patents are issued by the United States Patent and Trademark Office or USPTO. Most patents last for twenty years. The twenty years begins on the date the application for a non-provisional or provisional patent was first filed. A patent gives you the right to exclude others from making, using, offering for sale, or selling your invention in the United States or importing your invention into the United States. Once a patent is issued, it becomes your responsibility to enforce the patent, the USPTO will not enforce your rights for you. From the USPTO you are only granted rights that are honored within the United States, U.S. territories, and U.S. possessions.Filing and Examination Process
The USPTO accepts applications filed electronically as well as paper applications delivered by mail. However, since 2011, the USPTO charges an additional fee for non-electronic applications. Fees cover the USPTO's cost to examine your application and are non-refundable regardless of whether the examiner grants your application. Fees vary depending on the size of your organization and the number of claims you make. Because the amount changes every year, the USPTO recommends checking the current fee schedule before you file your application. The backlog of applications means it can take one to two years before an examiner takes his first action on your application. If he rejects any or all of your claims, you have the opportunity to reply and amend your application before a final decision is made. If the examiner grants your patent, you must pay additional fees for the patent to be issued and published.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 tomatoesHow long does patent protection last? (As of year 2005)
Utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date the applications were filed. You must make the timely payment of the appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. No maintenance fees are required for design patents.Meaning of Novel, Nonobvious, and Useful
New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious. Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.