Patents R Us: Patent Information for Inventors and Patent Owners
Patents 101
A patent is the grant of a property right to an inventor issued by the federal government via the U.S. Patent and Trademark Office. The right conferred by a patent grant is "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the U.S.
The authority of the federal government to issue patents, copyrights and trademarks goes back to the original US Constitution that was adopted in 1787. Article I, Section 8, Clause 8 empowers Congress:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The Patent Office was established by Congress based on this constitutional authorization. It was originally part of the Department of State. Its name was later changed to the US Patent and Trademark Office, and today the agency is part of the Department of Commerce.
There are three types of patents:
- Utility Patents: These are the most common and they comprise the vast
majority of patents that are issued. A utility patent is issued for a
new and useful process, machine, article of manufacture, or compositions
of matters, or any new useful improvement to an existing patented process,
machine, article of manufacturer or compositions of matters. When a patent
is offered for software it is considered a utility patent.
- Design Patents: These patents are granted to the inventor of new, original and ornamental design for an article of manufacture.
- Plant Patents: As the name implies, these patents apply to plants. A plant patent covers asexually reproduced biological organisms such as new varieties of fruits, vegetables or other plants.
Utility patents are valid for 20 years, but the clock starts when you file the patent application. It generally takes about three years for a patent to be issued, so the useful life of a patent is typically about 17 years.
To be patented, your invention must be new (it must not have already existed), it must be useful (you must demonstrate that it has a practical application) and it must be something that is not obvious (just anybody could have come up with the same concept). You have to provide detailed drawings and written description as well as instructions for the use of the invention.
Unlike a copyright or trademark, a patent is only valid once it has been issued by the Patent Office, while a copyright or trademark exists as soon as the document to be copyrighted is written or the trademark once the work is in a tangible form.
It is very important that you keep detailed invention records. These will be critical should you ever have to prove the date on which your invention was actually conceived.
You can file what is called a provisional patent application. This application will not mature into an issued patent, but it is an economical way to start the patenting process. A provisional patent application acts as a place holder in line for you, and it permits you to use the terms "patent pending" or "patent applied for" on products that are manufactured using your invention.
Most inventors use the services of a patent attorney or patent agent to guide their inventions through the patent approval process. Patent attorneys are attorneys; they are a member of a state bar association or the Bar Association of the District of Columbia, they have a technical degree, and they are registered with the U.S. Patent and Trademark Office. Patent agents are not attorneys, but they have demonstrated technical expertise in a specific field or fields, they have passed the Bar Exam administered by the Patent Office, and they are also registered with U.S. Patent and Trademark Office. Both patent attorneys and patent agents can represent inventors before the U.S. Patent and Trademark Office, but only patent attorneys may also represent clients in court.
The process of applying for and receiving a patent is called "patent prosecution" so patent attorneys and patent agents are also known as "patent prosecutors" or "patent practitioners." There are also patent draftsman who specialize in creating the drawings you will need to submit with your patent application. If you use the services of a patent agent or patent attorney, he will usually have a patent draftsman he works with.
The U.S. Patent and Trademark Office is housed in a five-building complex in Arlington, Virginia. The USPTO employs about 8,900 people, and the agency is self-supporting. It uses no taxpayer funding, but supports itself on the fees it collects. Very few government agencies - the Passport Bureau is one - are self-funded from the fees it collects for the services it provides. The Patent and Trademark Office is run by the Under Secretary of Commerce for Intellectual Property. The agency's website is www.uspto.gov.
To find a patent attorney or patent agent to prosecute your patent application, use our FREE Patent Agent and Patent Attorney Referral Service.