Obtaining a patent is an invaluable step for anyone designing, inventing, or improving a process, machine, or article of manufacture. It is also possible to get a patent for the discovery or production of a new plant variety. What exactly is it that a patent has to offer? What type of protection, for what, and for how long?
What Is a Patent?
In the United States, a patent is the right of ownership granted to an inventor of an invention, whether it be material, process, or design. There is also a type of patent that protects the inventor or discoverer of a new variety of plant. A patent holder is given sole ownership over use of the patent for a period of time — only they have the right to use, sell, or make the patented invention. If anyone else infringes upon this right the patent holder can enforce their right of ownership. In exchange for these rights a patent holder allows knowledge of their work to be made available to the public.
What Can be Patented?
Technically there is no such thing as a patent for an idea, but as an idea develops into a tangible piece of intellectual property, something that can be of value to society, it may be worthy of the patent filing process. What can someone get a patent for? All things that can be patented fall into one of three categories:
- Utility patents are the most common type that is filed. This is a broad category including the invention of an original process, a machine, an article of manufacture, or a composition of matter. In order to get a patent, the invention, whatever its nature or form, must be new and useful.
- Design patents are granted for new and original ornamental characteristics of an article of manufacture. A piece of artwork on its own is not granted a patent, artwork can be protected with a copyright. Ornamentation, a pattern, or design applied to something else is what can be protected by obtaining a patent. For example, a specific design used for making a chair may be granted protection.
- Plant patents are very different from utility and design filings. The requirements for obtaining a patent, the length of the grant, and the limitations are very different. In order to get a patent for a plant, an inventor or the inventors must both discover or develop and asexually reproduce the new, distinct variety. The plant has to have at least one distinguishing characteristic to be worthy of plant patent protection.
How Do You Get a Patent?
As with obtaining trademark protection, the way to get a patent is through filing with the United States Patent and Trademark Office (USPTO). The process does take time and even after applying, the patent is not guaranteed. While there are several steps including doing a patent search, determining what type of patent to file for, and gathering all necessary materials to submit, it can be done independently.
While hiring a registered patent attorney will increase the investment of the filing process, the USPTO strongly advises seeking professional help due to the complexity of the process. To have the most optimal experience with an attorney research the patent filing process yourself, prepare all necessary submission requirements in advance, and use professional legal help for guidance, direction, and advice.
Benefits of Obtaining a Patent
What are the benefits of obtaining a patent? Is it worth the financial expense and the time? Getting a patent for your invention makes sense if you intend to make commercial use of your machine, process, design, or article. With protection no one else can take advantage of your original development within the United States for the period of time that the patent is granted for. Plant and utility patents last for 20 years from the date of filing. Design patents last for 14 years once the protection is granted.
A patent is what the government offers inventors as an incentive to invent. New, original work is so important for the benefit of all society, but individuals do have the right to profit from and control what they take the time to develop. Filing for a patent everyone benefits as the holders are protected, society has access to new developments, and the spirit of invention and creation is nurtured.
Brenna Coleman - Brenna is a freelance writer focusing on natural health and beauty. She has written hundreds of articles, helping readers find ways to ...
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