Patents

  • Do I Need A Patent?
  • Types Of Patents
  • Loss Of Rights By Public Disclosure
  • How Do I Obtain A Patent?
  • Foreign Patents
  • Patent Application Process
  • Patent Search By Litman Law
  • Patent Search Request Form
  • Patent Contact Form
  • Free Record of Invention Form
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    What is a Patent?

    A patent is a property right granted by the U.S. federal government to an inventor to exclude others from making, using, offering for sale, or selling the invention throughout the U.S. or importing the invention into the U.S. for a limited period of time. In return for the patent grant, the inventor must provide a public disclosure of the invention in the form of the issued patent.

    During the period of protection, a patent entitles the inventor to monetary gain from being the exclusive source of the invention, or from the sale or license of patent rights.

    What Can Be Patented?

    To be patentable, an invention must be novel, nonobvious and adequately described for one of ordinary skill in the art to make and use the invention. In addition, the invention must be claimed in clear and definite terms.

    To qualify for patent protection, an invention does not have to be totally new. It can be an improvement on existing items or methods. Even a small functional or decorative improvement may be patentable. Utility patents may be granted for a process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Design patents may be granted for the 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. For more information, see Types of Patents.

    What Cannot Be Patented?

    Laws of nature, physical phenomena, and abstract ideas are not patentable. Also, inventions which are not useful, such as perpetual motion machines, can't be patented. Literary, dramatic, musical, and artistic works are not protected by patent, but are protected by copyright. Names, logos, slogans and other things which identify the source of a product or service are protected as trademarks.

    Who Can Apply for and Own a Patent?

    A patent may be applied for only in the name(s) of the actual inventor(s), and are granted only in the name(s) of the actual inventor(s). An inventor may transfer 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?

    Utility and plant patents are granted for a term which begins with the date of the patent and usually ends 20 years from the filing date, subject to the payment of maintenance fees. Design patents last 14 years from the date the patent is granted, and no maintenance fees are now required.

    Is a Patent Valid in Foreign Countries?

    A U.S. patent protects your invention in this country only. For more information, see Foreign Patents.

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