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Patent

Dedicated to the inventors

Patents are less common than copyright. They are used on a need-by-need basis. A patent is an exclusive right granted for an invention- a product or process that provides a new way of doing something or offers a new technical solution to a problem. To be protected by a patent, an invention must fulfill the following criteria:

  • it must be of practical use 

  • it must show an element of "novelty" (some new characteristic that is not a part of the existing body of knowledge in its field "prior art")

  • must show an inventive step that could not be deduced by a person with average knowledge of the field

  • the subject matter must be acceptable as patentable under law

Patent protection has a limited life span, typically of 20 years. Once the protection ends, it enters the public domain (available for commercial use by others).

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As a patent owner, you have the right to:

  • decide who may or may not use the patent invention during the duration of the patent

  • give permission to other parties to use their inventions on negotiated terms

  • sell the invention rights, giving patent ownership to someone else

How to Apply

  • Conduct a preliminary search to ensure the patent does not already exist. If you are not familiar with the research, it is recommended to hire an attorney. However, it is possible, but difficult, to conduct on your own.

  • Determine the type of patent you'll need

    • utility:​ granted to anyone who invent or discovers any new and useful process, machine, article of manufacture, or composition of matter

    • design: granted to anyone who invents a new, original, and ornamental design for an article of manufacture

    • plant: granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant

  • Pay the filing, search, and examination fees. Unfortunately, this is a costly process, and prices can range from $400 to $1500+

  • Use the EFS-Web, the USPTO (United States Patent and Trademark Office) electronic filing system for patent applications.

  • If you're application is not complete, you will be notified. You will be given a time period to complete the application. If it is not completed the application will be returned.

  • Once an application is considered complete, it will be assigned for examination. The examiner will make sure your application adheres to the guidelines. If so, your application is approved. If not, you will be allowed to make corrections with feedback. 

  • Once your application is approved, you must maintain your patent by paying quadrennial (every 4 years)  maintenance fees 

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Unfortunately, this is a sector of IP where a lawyer is almost inevitable.

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