What is a Patent?

What is a Patent?

In the United States a patent is an official acknowledgement by the federal government of a person or company as the inventor of a product, system or method. Being granted a patent gives the patent holder the right to exclude others from making, using or selling the invention throughout the United States throughout the lifespan of the patent.

Inventors are granted a patent in exchange for publicly disclosing the complete details of their invention. During the period when a patent is enforced a patent holder is given a temporary monopoly. Most patents have a 20 year lifespan from the date of filing of the patent application. After the 20 year time period the technology used in the patent falls into the public domain and can be used by anyone freely.

Having a patent in one country does not grant the patent holder exclusive rights to the same technology in other countries. An inventor needs to file a patent application in each country where they want/need patent protection. Patent holders also must pay maintenance fees to the country they hold a patent in. Failure to pay maintenance fees on time can cause a lapse or forfeiture of patent rights.

How to Get a Patent in 5 Steps 

 

What Can Be Patented?

Any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law. The word "process" is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term "machine" used in the statute needs no explanation. The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

 Patents are granted for new inventions using: 1) Processes 2) Machines 3) Manufactures 4) Compositions of Matter 5) New Uses or Improvements of Known Processes, Machines, Manufactures or Compositions of Matter 6) Asexually reproduced plants and 7) Designs.

 

What Can’t Be Patented?

 While the above paragraph does make it seem like everything and anything can be patented there are some notable exceptions to things that can be patented.

 Scientific Discoveries – New scientific discoveries can not be patented. Although you might be the first to discover a scientific principle you did not actually create the principle, it has always been in existence. But, if you created an invention that somehow uses this scientific discovery or principle you could then be eligible for a patent. Einstein could not patent his celebrated law that E=mc²; nor could Newton have patented the law of gravity.

 Laws of Nature - Similar to scientific discoveries you can not patent laws of nature. The only exception would be if there was a “sufficient transformation” by some means of the law of nature. So you could not patent a sheep because it is naturally occurring, but you could patent a genetically modified and engineered sheep designed for use in research.

 Abstract Ideas – Abstract ideas such algorithms and mathematical formulas can not be patented alone. But a patent could possibly be obtained for combining those mathematical formulas and algorithms into some sort of structure. So an algorithm for making swirls designs would not be patentable but a machine which uses an algorithm for making swirl designs and prints the designs onto a cookie could be.

 Software – Similar to mathematical formulas and algorithms, Software alone can not be patented.

 

Types of Patents

 In the US there are three different types of patents:

 Design Patent - A Design Patent allows any person who has invented any new and non-obvious ornamental design for an article of manufacture to protect that design. The Design Patent protects only the appearance of an article, but not its structural or functional features and has a term of 14 years. Filing a Design Patent allows an inventor to claim "patent pending" status and design patents tend to have a higher rate of maturing into a patent (90% for Design Patents vs. 40% for Non-Provisional Patents).

 Plant Patent – A Plant Patent grants a patent to anyone who has invented or discovered and asexually reproduced any distinct and new variety of plant and has a term of 17 years.

 Utility Patent - A Utility Patent is the most common and protects an invention (a process, machine, manufactured item or composition of matter) for a term of either 1 year or 20 years. There are two types of Utility Patent Applications: Provisional and Non-Provisional.

 

A) Utility Patent Application: Provisional

A Provisional Patent Application provides immediate protection for your invention while giving you time to file a regular Patent Application. A Provisional Patent allows an inventor to claim "patent pending" status for the invention for 12 months at a fraction of the price of a regular Patent Application. Often five to ten pages, a Provisional Patent Application consists of text and drawings that describe how to make and use your invention. It provides the inventor with a 12 month period to further develop the invention, determine marketability and seek licensing agreements. If you file a regular Patent Application within 12 months of filing the Provisional, you can claim the original Provisional filing date to prove that your invention came before other similar developments.

    

B) Utility Patent Application: Non-Provisional

A Non-Provisional Patent Application is a regular Patent Application that will protect your invention for 20 years. The US Patent and Trademark Office has very specific requirements for preparing and filing a Non-Provisional Utility Patent Application, which must include a data sheet; a specification; a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and USPTO examination fees. Filing a Non-Provisional Patent allows you to legally claim "patent pending" throughout the duration of the patent process.

 

Parts of a Patent

 Most patents are made up of the following parts:

 Title- The title of the invention should be as short and specific as possible and contain no more than 500 characters.

 Abstract - The abstract section should be a brief summary of the invention including those features which are new in the art to which the invention pertains. The abstract should be in the form of a single paragraph of 150 words or less.

Drawings – If relevant each patent should include drawings of the invention.

Specification – The specific section of a patent must include a written description of the invention and of the manner and process of making and using it, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the technological area to which the invention pertains to make and use the invention.

The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter, or improvement invented.

Claim(s) – patents conclude with a claims section stating exactly what the inventor claims as novel and unique. The claims section defines the scope of protection afforded by the patent and is the portion of the patent which is used to determine if other parties are infringing on the patent holders invention.

If you would like help with getting a patent you should give the Invention and Patent Professionals at Noro IP a call at 800-605-6993. 

 

September 30, 2011

Category: Patent Basics | Tags: get a patent, patentability search, provisional patent application

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