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What is a Patent?
What is a Patent?
A patent is a grant issued by the United States government giving an inventor the right to exclude all others from making, using, or selling his or her invention within the United States, its territories and possessions.
The three kinds of patents are:
- UTILITY patents for any new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof;
- DESIGN patents granted to any new, original, and ornamental design for an article of manufacture; and
- PLANT patents granted on any distinct and new variety of asexually reproduced plant.
Utility and plant patents are effective for 20 years from the date of application. Utility patents are subject to payment of maintenance fees. Design patents are effective for 14 years from the date of issue.
The basic filing fee for filing an application is dependent on the type of patent application and whether or not the applicant is entitled to status as a small entity (independent inventor, small business concern, or non-profit organization). Maintenance fees on utility patents are due 3.5, 7.5, and 11.5 years from the date a patent is granted.
Applications are assigned to examiners who are experts in various fields of technology. The examiner researches previous patents and technical literature to determine whether a patent should be granted. The procedure usually takes more than two years. Before filing an application, you or your representative may search previous patents at California State Library Patent and Trademark Depository Library search room.
The Patent and Trademark Office strongly advises consulting a patent attorney before filing an application. Names of patent attorneys may be found in a publication called Attorneys and Agents Registered to Practice Before the U.S. Patent and Trademark Office.
More information about patents is contained in a helpful booklet titled "General Information Concerning Patents".