A patent is the type of legal protection granted to inventors to secure their intellectual property rights for their work. The authority for granting patents is stated in Article 1, Section 8 of the U.S. Constitution. The purpose of patents is to encourage scientific and technological progress. Getting a patent isn't automatic. An inventor must show the invention or design is genuinely new in some essential way.
Definition
According to the U.S. Patent and Trademark Office (USPTO), a patent grants the holder "the right to exclude others from making, using, offering for sale, or selling."
Eligible Ideas
Patents are granted for new inventions or improvements and new combinations of existing technology. Some computer programs and biologically engineered organisms can also be patented
Non-patentable Items
Once a patent expires it can't be patented again. Things that occur in nature and scientific discoveries may not be patented.
Time Frame
Once a patent application is approved, it is good for 20 years under U.S. law. However, periodic maintenance fees must be paid to keep the patent in force.
Provisional Patents
A provisional patent may be granted before a patent application is filed. This protects the inventor's claim for 12 months, allowing time to complete the patent application process.
Patent Rights
A patent holder can sell the patent or may choose to retain ownership and license others to manufacture or sell the patented technology.
