A patent for an invention is a grant of property rights by the US Government through the US Patent and Trademark Office (USPTO). The patent grant excludes others from making, using, or selling the invention in the United States.
There are three types of patents:
- Utility Patents: are issued for four general types of inventions/discoveries: machines, human made products, compositions of matter, and processing methods
- Design Patents: protect certain designs in manufacturing or building, based on the unique appearance of the item
- Plant Patents: protects certain kinds of plants, and is granted on the entire plant
There are certain things that cannot be patented. It is for instance not available for natural processes, natural products, and business methods. To determine whether your invention is patentable, your invention should meet three requirements:
- Novelty: your invention must be new and different from anything that has been available to the public before
- Non-obviousness: your invention must not have been obvious to an expert in the field
- Utility: Your invention has to be useful for something
We recommend contacting a patent lawyer to find out if your product meets these requirements.
Anyone, including corporations, can apply for a patent for their invention, thereby protecting its design, product, application, and production process; regardless of the applicant’s nationality or country of residence.
Inventors may apply for one of two types of patent applications (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date, but does not begin the examination process. The average patent application duration is 24.6 months. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. The marking of an article as patented, when it is not, is illegal and subject to penalty. A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library. Currently, the average patent application pendency is 24.6 months.
The US is based on a first-to-invent regime, while the modus operandi for the majority of the world is based on a first-to-file patent regime. Patents for products and production processes in the US are valid for 20 years; patents for designs are valid for 14 years. The “Intellectual Property and Communications Omnibus Reform Act” (1999) requires publication of all patent applications registered in the US and abroad within 18 months of registration.
The Paris Convention
The Paris Convention helps those who wish to obtain patent protection in more than one country by allowing priority to be claimed to applications filed in foreign countries, also known as "Convention Priority". Therefore, on the basis of a first patent application filed in one of the Paris Convention countries (or, as provided by the TRIPS Agreement, a country who is a member of the World Trade Organization), the applicant may postpone filing in other Paris Convention countries for up to one year. If there are multiple priority applications, the deadline for filing foreign applications is one year from the earliest priority date, i.e. the filing date of the first such priority application.
More information
For more information please consult the following links:
Disclaimer: Data and information is provided for informational purposes only, and are not intended to provide, and do not constitute, legal advice. Persons who need legal services should contact a duly licensed professional.