WHAT IS A PATENT AND WHAT DOES IT PROTECT?

A patent is a government-granted right given to inventors that prevents other individuals and companies from selling, making, or using a registered invention in the United States without your permission for a set period of time. Not all inventions are necessarily patentable, however.

To be eligible for a patent, an invention must be:

• Novel: An invention is “novel” if it differs from comparable inventions in one or more significant ways. An invention is not novel if another inventor has publicly used, sold, or patented a substantially identical invention within one year of the date a patent application was filed.
• Non-obvious: If someone in the invention’s field would reasonably find the invention to be surprising, it meets the “non-obvious” requirement.
• Useful: If an invention does not have some form of utility or is inoperable, it is not “useful.” It must have some sort of functional purpose or confer some sort of benefit.

Ideas and theories are not patentable, even if they have merit. The inventor must show that there is a means of tangibly executing an idea or theory for it to be considered a patentable invention.

There are three major categories of patents:

• Utility Patents: New machines, processes, and chemicals can be protected by utility patents.
• Design Patents: These patents protect a unique physical appearance of a manufactured product. A specific component or an entire design can be patented.
• Plant Patents: These patents specifically protect new, manufactured plants.

Patents are not automatic, meaning an invention does not enjoy intellectual property protection the moment it comes into existence. This is in stark contrast to copyrights and trademarks, whose protections automatically apply to original works of authorship and brand names and logos, respectively. It is therefore in your best interest to register new inventions as soon as possible. Otherwise, there is the possibility that another inventor could seek a patent for a nearly identical invention and prevent you from enjoying the fruits of your efforts.

If you are not sure whether your new invention is patentable or how to apply for a patent, we can help. Our patent attorneys are familiar with how to apply with The U.S. Patent and Trademark Office (USPTO) and can assist you throughout the process.

WHEN DO PATENTS EXPIRE?

Most utility and plant patents are valid for 20 years after the date an application is filed with the USPTO, known as the “effective filing date.” Design patents expire 15 years after the effective filing date.

Patents can in some circumstances be extended. A patent term adjustment (PTA) can be sought if there were substantial delays caused by the USPTO during the application and adjudication process.