A patent gives an inventor the exclusive right to make, use, sell, or import an invention for a limited period. Patent law balances rewarding inventors with promoting public access to new technologies.
Types of Patents
Utility patents — cover new and useful processes, machines, articles of manufacture, or compositions of matter. Duration: 20 years from filing date. This is the most common type of patent.
Design patents — cover new, original, and ornamental designs for articles of manufacture. Duration: 15 years from grant date.
Plant patents — cover new and distinct varieties of asexually reproduced plants. Duration: 20 years from filing date.
Requirements for Patentability
To receive a utility patent, an invention must be:
Novel — not previously known or described in "prior art"
Non-obvious — not an obvious improvement over existing technology to a person of ordinary skill in the field
Useful — it must have a practical application
Adequately described — the patent application must describe the invention in sufficient detail for others to replicate it (the enablement requirement)
The Patent Application Process
1. Conduct a prior art search to assess patentability
2. File a patent application with the U.S. Patent and Trademark Office (USPTO)
3. A patent examiner reviews the application and issues office actions (objections or rejections)
4. The applicant responds to office actions and may amend claims
5. If approved, the patent is granted after payment of issue fees
The process typically takes 2–4 years and costs $5,000–$15,000 or more in attorney fees.
Patent Rights and Enforcement
A patent grants the right to exclude others from making, using, selling, or importing the patented invention. If someone infringes your patent, you can:
Send a cease and desist letter
File an infringement lawsuit in federal court
Seek damages (lost profits or reasonable royalties) and potentially an injunction
Limitations
Patents are territorial — a U.S. patent only protects within the United States
The invention becomes public once the patent is published
After expiration, the invention enters the public domain
Patent trolls (non-practicing entities) have created controversy by acquiring patents solely to file infringement lawsuits
Quiz: Patent Law Fundamentals
Question 1 of 3
What are the three requirements for patentability?