What Is a Patent?

What Is a Patent?

A patent is a kind of intellectual property that provides the exclusive legal right to an invention for a limited period of time. This legal right allows a patent owner to exclude others from making, using, and selling the invention without permission. In this way, a patent provides a temporary legal monopoly, or exclusive possession and control over a product or service.

Types of Patents

There are three types of patents, each tailored to the nature of the invention — utility patents, design patents, and plant patents.

A utility patent protects the way an invention is used and functions (35 U.S.C. 101). It does not protect the appearance but rather the practical aspects of an invention. In the United States, utility patents last for 20 years from the filing date of the patent application. This exclusivity ensures that others cannot use, make, sell, or distribute the patented invention without the inventor's permission.

A design patent protects the way an article looks (35 U.S.C. 171). Unlike utility patents, design patents are concerned with appearance rather than use and function. In the United States, design patents last for 15 years from the date of issue. This means that the inventor has an exclusive right to the visual design of their invention, preventing others from replicating it without the inventor’s permission.

A plant patent protects plant varieties that possess new or unique characteristics (35 U.S.C. 161). For example, an inventor could obtain a patent for an asexually reproduced succulent plant that has new and distinctive coloration and leaf shape. However, some plants are not patentable. For example, tuber-propagated plants like artichokes, potatoes, and yams cannot be patented, even though they are produced asexually. Similar to utility patents, plant patents last for 20 years from the filing date of the application. Learn more in our article, “Can You Patent a Plant?”

It’s important to note that the kind of patent you pursue depends on the characteristics of your invention and the intended use for your invention. Each type of patent provides a specific form of protection tailored to the nature of the invention as well as the goals of the inventor. A USPTO licensed patent practitioner can help you choose the most suitable patent for your needs.

Can an Invention be Patented Internationally?

Patents are usually granted on a country or regional basis, and there is no such thing as an international patent in a strict sense. However, there is a two-phase international (PCT) patent application process that allows inventors to pursue patent protection for utility and plant inventions in multiple countries. Similarly, there is the Hague International Industrial Design patent application process for unique ornamental designs.

Patentability Criteria

To qualify for a patent, an invention must fulfill the four criteria for patentability: (1) patent eligible subject matter; (2) utility; (3) novelty; and (4) non-obviousness.

In other words, for an invention to be eligible for a patent, it must fall into a category that qualifies for patent protection (patent eligible subject matter). Abstract ideas and natural phenomena, for example, are not patent eligible subject matter. Additionally, the invention must be practically useful. The invention must also be novel and not previously disclosed or available to the public. Lastly, the invention must go beyond obvious additions or improvements to existing knowledge or technology.

When you work with a patent practitioner to prepare for a patent application, the patent practitioner can evaluate existing patents and other publicly available information related to your invention to determine whether your invention is patentable. Learn more in our article, “What Does Patentability Mean?"

Patent Application Process

At Carson Patents, we take a five-step approach to the patent application process.

We begin the patent application process with a prior art search. This is a comprehensive, worldwide search for patents, patent applications, and other non-patent literature that are similar to your invention to determine whether your invention is novel. Next is the patentability study, which results in a determination of whether your invention fulfills the rest of the patentability criteria.

If the invention is patentable, we move on to patent application writing. The application must include a specification, claims, abstract, drawings, oath or declaration of invention, and the filing fees. We then file the patent application, ensuring proper formatting and paperwork. Read more about patent application filing.

Once your patent application is filed, we actively represent your application in a process called patent prosecution. We closely monitor the application and communicate with the patent office, responding to office actions to get your patent application approved.

For more details about the patent application process, check out our 5 Steps to Patent page.

The Importance of Patents

In the United States, patents are constitutionally-based. Unlike mere property rights or private contracts, patents represent a crucial element of the social contract that defines the relationship between inventors, society, and the government.

The primary purpose of a patent is to provide legal protection for inventors and innovators who have created something new and useful. By patenting their inventions, inventors gain the exclusive right to prevent others from using, making, or selling their inventions without permission. This gives them a competitive advantage in the marketplace and allows them to profit from their innovative work.

In this way, patents also encourage innovation. They provide inventors with an incentive to invest time and resources in developing new technologies and products. The exclusive rights granted by a patent give inventors the confidence that they will have a period of exclusivity to recover their investment and generate profits from their innovative work.

In exchange for exclusive rights to their inventions, inventors must disclose the details of their inventions in their patent applications. This information becomes available to the public, enabling others to build upon the original invention and create new and improved products or technologies, fostering further innovation.

Carson Patents Patent Application Services

At Carson Patents, we offer comprehensive patent application services online from any location. Our expertise includes conducting prior art searches and patentability studies, drafting and filing patent applications, and representing applications during patent prosecution. We also specialize in post-grant patent maintenance services, offering guidance on infringement cases and licensing opportunities.

For more information, feel free to contact us or sign up for a free patent consult. We are here to address all your patent-related needs.