A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). A patent gives the inventor the right to exclude others from making, using or selling his invention within the United States, its territories and possessions for a limited amount of time.
Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or in special cases, from the date an earlier related application was filed.
There are three kinds of patents:
- utility patents, granted to the inventor or discoverer of any new and useful process, machine, manufacture, composition of matter or any new and useful improvement thereof:
- plant patents, granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant; and
- design patents, granted to anyone who invents a new original and ornamental design for an article of manufacture.
General and specific information on patents may be obtained at www.uspto.gov.
Applicants may perform online searches of the USPTO database, view patent guidance notifications and obtain answers to frequently asked questions. Applicants may also file applications for certain patents on line by using the Electronic Filing System (EFS).
Information on electronic filing can be found by visiting the Patent Electronic Business Center.
After a patent application is filed with the USPTO, the application will be assigned to a patent examiner. The examiners, who are experts in various fields of technology, will research previous patents and technical literature to determine whether a patent should be granted. The patent application and issuance procedure normally takes about 27 months.
If an individual plans to file a patent application, they or their representative should conduct a search of patents previously granted to make sure that the idea has not already been patented.
The USPTO strongly advises inventors to consult a patent attorney before attempting to file an application. Names of patent attorneys and agents may be obtained from the classified telephone directories in major cities or from a directory published by the Government Printing Office.
For additional information on the patent process, call the USPTO Information Line and Patent Assistance Center at:
800-786-9199 TTY: 703-305-7785
General information regarding the USPTO may be obtained by writing to:
USPTO Commissioner for Patents PO Box 1450 Alexandria, VA 22313-1450
