What is a Patent?

The USPTO defines a patent as a “grant of a property right to the inventor.”  By applying for and receiving a patent, the inventor is afforded “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States.  However, once a patent is issued, it is up to the inventor to enforce the patent.

A patent only lasts for a set period of time, which is normally 20 years.  When the patent expires, the invention becomes public domain.

There are three types of patents:

• Utility Patents – these may be granted to anyone who invents or discovers a new and useful process, machine, or composition of matter.
• Design Patents – granted to those who invent a new design for an article of manufacture.
• Plant Patents – these are for inventors who discover and asexually reproduce any distinct and new variety of plants.

As far as what can be patented, patent law states that the subject matter must be “useful.”  Abstract ideas, laws of nature, and physical phenomena cannot be patented.  In addition, literary, dramatic, musical, and artistic works cannot be patented, but they can be Copyright protected.

Also, in order for a patent to be granted it cannot infringe on prior patents.  The USPTO site offers suggestions on how to ensure your patent is original.