Frequently Asked Questions - Patents

Who may apply for a U.S. Patent?

A patent may be granted to the inventor or discoverer of any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, or on any distinct and new variety of plant, which is asexually reproduced, or on any new, original, and ornamental design for an article of manufacture.

What is a patent?

A patent is the right to exclude others from making, using, selling an invention. Or in other words, it is a monopoly on your idea.  There are different types of patents.

What types of patents are there?

There are provisional patents, utility patents, design patents and plant patents.

What is a provisional patent?

A provisional patent is a way to get patent-pending for one year.  Technically, it is only a patent application because it never is examined by the Patent Office, and never becomes a granted patent.

What is a utility patent?

A utility patent (also known as a non-provisional patent) is the only way to get a patent granted for something that solves a problem or achieves a goal.

Can a patent be renewed?

No, a patent cannot be renewed, but you can always file for an improvement on the patent.  In fact, most inventions are improvements of existing technology and sometimes, you must negotiate a license with current patent owners if your improvement depends upon existing patented technology.

What is a design patent?

A design patent protects the look of your invention that has nothing to do with solving a problem or achieving a goal.  In other words, a design patent protects the "look" of your invention.

What is a plant patent?

A plant patent protects plants.  More specifically, a plant patent is for asexually reproduced, distinct and new varieties of plants, other than tuber propagated plants or plants found in an uncultivated state.

On what subject matter may a patent not be granted?

A patent may not be granted on a useless device, on printed matter, on an improvement in a device which would be obvious to a person skilled in the art, or on a machine which will not operate, particularly on an alleged perpetual motion machine.

If one person furnishes the ideas for invention and another person employs him or finances his experimentation, should the patent application be filed by them jointly?

No. The application should be signed by the true inventor and filed in his or her name.

I have made some changes in my invention after the filing of my patent application documents. May I amend my patent application by adding a description and illustration of these features?

No. The law provides that new matter cannot be introduced into the disclosure of a patent application. However, there is a procedure called "continuation-in-part application" that allows the patent applicant to file a new application which contains new subject matter to replace or supplement the original. You should notify your patent practitioner immediately of any changes you make in your invention.

While in England last summer, I found an article on sale which has not yet been introduced into the U.S. or patented or described in the U.S. May I get a U.S. patent on this invention?

No. According to the law, a U.S. Patent can only be obtained by the true inventor, not by one who learns of the invention of another.

Does the Patent and Trademark Office control the fees charged by patent attorneys and agents for their services?

No. The Office maintains a roster of registered patent practitioners, but the Office does not control fees, nor will the Office help you select a patent practitioner.

If I obtain a patent on my invention, will that protect me against claims of others who say that I am infringing their patents?

No. There may be a patent of a more basic nature on which your invention is an improvement. If your invention is a detailed refinement or feature of such a basically protected invention, you may not use it without the consent of the patentee, just as no one will have the right to use your patented improvements without your consent. Seek competent legal advice before you commercialize your invention, even if your invention is protected by a patent granted to you.

What do the terms "patent pending" and "patent applied for" mean?

They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public.

Can an inventor sell his right to a patent or patent application to someone else?

Yes. The inventor can sell all or any part of his interest in the patent application or the patent. The patent application must be filed in the Patent and Trademark Office as the invention of the true inventor, however, and not as the invention of the purchaser.

Does a U.S. patent protect my invention in other countries?

No. The U.S. patent protects your invention only in this country. If you wish to protect your invention in foreign countries, you must file an application in the patent office of each such country within the time limit permitted by law. Check with your patent practitioner about costs before you decide to file in foreign countries.

What is a patent search?

Patent costs vary a lot depending upon how complicated the invention is. 

How long does a patent last?

Typically, a provisional patent application lasts for 1 year. A utility patent lasts for 20 years from its filing date. A design patent last for 14 years from the date that it is granted. A plant patent lasts for 20 years.