Patents For Inventors - Your Questions Answered

Are you confused about what a patent is and whether you should get 1? This is a primer
for beginning inventors that answers your most commonly asked questions.

1) What is a patent?

A patent is a form of intellectual property which rewards persons whom invent a
new and non-obvious:

• process or approach
  
• machine
  
• article of manufacture or
  
• composition of matter.

In return for fully disclosing the invention such as how to practice the
invention, a legal monopoly on the invention is granted to the inventor(s)
for a distinct period of time.

That legal monopoly is the correct for the inventor(s) to exclude other
persons and corporations from:

• producing
  
• utilizing
  
• providing for sale or selling or
  
• importing

the invention in the United States.

2) What is "patent pending"?

As soon as a patent application is prepared and filed and prior to issuance of a patent, the
invention can be marked "patent pending" or "patent
applied for".

While these have no legal significance and grant the inventor(s) no legal rights, the
designation tends to discourage other persons or businesses from copying the invention
since a patent may possibly concern on the invention granting the legal monopoly to the
inventor(s).

3) Are there numerous sorts of patents?

There are two kinds of patents that are commonly of interest to inventors,
style patents and utility patents.

A design patent protects the "aesthetics" or the
"appearance" of the invention and is a significantly far more limited legal
monopoly than utility patents which protect the "function" of
the invention.

So, utility patents are desirable over design patents where attainable, though an
invention can be protected by both design and utility patents.

four) How lengthy do patents provide legal protection for the inventor?

The period of time for which the legal monopoly is granted for a utility patent is 20
years from the filing date of a utility patent application, nonetheless, the legal rights
do not begin until the patent concerns.

The period of time for which the legal monopoly is granted for a style patent is 14
years from the issue date.

five) What are upkeep fees?

Utility patents require the payment of upkeep fees 3.five, 7.5, and 11.five years
following issuance to maintain the patent in force. Design patents require no
upkeep fees to preserve the patent in force.

6) Need to I maintain my invention secret?

The inventor(s) will need to be careful to sustain their invention secret till the
assistance of a competent licensed patent lawyer or patent agent is sought.

That is since a number of foreign countries in which the inventor(s) might make a decision to seek
patent protection there is an "absolute novelty"
requirement.

This implies that if the invention is "publicly disclosed" (i.e.
disclosed to people today in a non-confidential manner) prior to the "useful
filing date" in that country, then the validity of any patent which would
potentially problem on the invention in that country could be challenged later.

7) What is the International Treaty, also named the Paris Convention?

Several countries are members of the International Treaty, also called the Paris
Convention.

These countries permit inventor(s) to claim priority based on the filing date of the
initially filed patent application in a member country, supplied a patent application is
filed in the member country inside 1 year of such first filed patent application
(within 6 months for style patent applications).

The United States is a member of the International Convention so as to grant such
priority based on a foreign patent application.

8) Are there time limits in which to file a patent application at the U.S. Patent
Workplace?

The inventor(s) have to file a United States Patent Application inside 1 year (if
patent protection is desired in the United States) of the earlier of:

• creating an present to sell the invention (even if the offer is not accepted and quite often even when the invention is not yet manufactured or otherwise obtainable)
  
• use of the invention in public (e.g. employing the invention at function or in public on the street corner) or
  
• or putting the invention in a printed publication which is circulated (e.g. a sales brochure, catalog, or a web internet site).

These are referred to as "statutory bars" and if the year period
expires with out filing the United States Patent Application, the inventor(s) are not
permitted to file a patent application in the United States.

Foreign priority (discussed above) or the priority of a provisional patent application
(discussed below) can be employed to predate the expiration of the 1 year period if
applicable.

9) What is a provisional patent application?

A provisional patent application can be filed in the United States which supplies a
disclosure (description) of the invention, but which does not have the formal
specifications of a utility patent application.

Priority can be claimed for a utility patent application (but not a design patent
application) and foreign patent applications in countries which are members of the
International Convention if filed inside 1 year of the filing date of the provisional
patent application.

The bottom line, timely consult a competent patent attorney or patent agent
to discuss the details of protecting your invention!