More About Patents

Who can apply for a patent?

A patent may be applied for only in the name(s) of the actual inventor(s).

What can and cannot be patented?

What can be patented – utility patents are provided for a new, nonobvious and useful:

• Process
• Machine
• Article of manufacture
• Composition of matter
• Improvement of any of the above

Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article of manufacture or (2) asexually reproduced plant varieties by design and plant patents.

What cannot be patented:

• Laws of nature
• Physical phenomena
• Abstract ideas
• Literary, dramatic, musical, and artistic works (these can be Copyright protected). 
• Inventions which are:

• Not useful (such as perpetual motion machines); or
• Offensive to public morality

Invention must also be:

• Novel
• Nonobvious
• Adequately described or enabled (for one of ordinary skill in the art to make and use the invention)
• Claimed by the inventor in clear and definite terms

Who owns a patent?

Patents are granted only in the name(s) of the actual inventor(s) who may sell, bequeath, transfer or otherwise or assign all or part of his or her interest in the patent application or patent to anyone by an assignment. Patents can also be licensed exclusively or non-exclusively. 

How long does patent protection last?

For applications filedon or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent.  No maintenance fees are required for design patents.  

Note:  Patents in force on June 8, 1995 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

How can I lose patent protection?

If you fail to pay the periodic maintenance fees, your patent will expire. In addition, other factors can contribute to loss of patent protection (e.g., a patent can be held invalid or unenforceable by a court).  It is important to maintain a current address on record at the USPTO, for both correspondence and fee information, throughout the period that the patent is intended to remain in force so that notices the USPTO may send will be properly directed.

What types of patents are there?

• Utility patents may be granted to anyone who invents or discovers any new, useful, and nonobvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

• Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

• Plant patents may be granted to anyone who invents or discovers AND asexually reproduces any distinct and new variety of plant.

How do I get a patent?

Obtaining a patent is a complex process that begins with filing your application with the Commissioner of Patents and Trademarks.

How much does it cost to get a patent?

Fees vary depending on the type of patent application you submit. Fees may also vary according to the way you "claim" your invention. 

There are three basic fees for utility patents:

• The filing fee, which is non-refundable whether or not a patent is granted. (This is the cost to have your invention "examined" by the US Patent and Trademark Office - remember, you may or may not get a patent!)

• The issue fee (you pay this only if your application is allowed)

• Maintenance fees (paid at 3 1/2, 7 1/2, and 11 1/2 years after your patent is granted - these fees "maintain" your legal protection).

• Additional fees may be required.

Typical fees are as follows (these are only intended to give you a "ballpark" estimate) these fees do not reflect all the possible variations in filing and patenting your invention - also, these fees are subject to change - thus, you are strongly advised to check the current fee schedule before submitting your application.

Typical filing fees for an Inventor when application filed with a written assertion of small entity status

Is my patent valid in foreign countries?

A U.S. patent protects your invention in this country only.

For more information, visit the USPTO website: http://www.uspto.gov/main/patents.htm