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A patent is a grant of a property right by the United States Government to the owner of a patent to exclude others from making, using or selling the invention. Generally, a utility patent is granted for a term of 20 years from its filing date, (14 years for design patents) which may be extended in certain cases (pharmaceutical patents, for example). After expiration of the term or abandonment of the application or failure to pay PTO maintenance fees the patent owner loses rights to the invention and the invention becomes public domain.
A valid patent may not be obtained if the invention was in public use or on sale in the U.S. for more than one year prior to the filing of the patent application. Even your own use and sale of the invention for more than a year before your application is filed will bar your right to a patent just as effectively as though this use and sale had been done by someone else.
Patents are granted only to the true inventor. Methods of doing business and printed matter cannot be patented. A patent cannot be obtained on a mere idea or suggestion.
The patent law provides for the granting of patents in three major categories:
Utility Patents are granted to anyone who invents or discovers any new and useful process, machine, manufacture, or compositions of matter, or any new and useful improvement thereof. 'Process' means a process or method; new industrial or technical processes may be patented. 'Manufacture' refers to articles which are made. 'Composition of matter' relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds.
Design Patents are granted to any person who has invented a new, original and ornamental design for an article of manufacture. The appearance of the article is protected.
Plant Patents are granted to any person who has invented or discovered and asexually reproduced any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state.
The inventor may sell all or part of his interest in the patent application or patent to anyone by a properly worded assignment. The application must be filed in the U.S. Patent and Trademark Office as the invention of the true inventor, however, and not as the invention of the person who has purchased the invention from the inventor.
The Office will answer an applicant's inquiries about the status of an application, but if you have retained a registered Patent Agent or Attorney, correspondence should be forwarded through them. It is not necessary to come to the Office in person, as most business is conducted through correspondence. The agency does not have field offices. All correspondence should be addressed to Commissioner of Patents and Trademarks, Washington, DC 20231.
Printed copies of any patent identified by its patent number, may be purchased from the USPTO (see fee schedule). Orders should be mailed to the United States Patent and Trademark Office, Washington, D.C. 20231. Copies may also be obtained from Patent and Trademark Depository Libraries.
The terms 'patent pending' and 'patent applied for' are used by a manufacturer or seller of an article to inform the public that an application for a patent on that article is on file. The law imposes a penalty on those who use these terms falsely.
A United States patent protects your invention only in the U.S. only. Normally, a license must be obtained from the Commissioner of Patents and Trademarks before you can file for a patent in another country, unless the filing in another country occurs more than six months after the filing in this country, in which case no license is necessary.
The U.S. Patent and Trademark Office cannot assist in preparation of application papers and strongly advises prospective applicants to engage the services of a registered Patent Pgent or Patent Attorney. The U.S. Patent Office does not control fees charged by attorneys and agents, nor can it recommend any particular attorney or agent. Applicants may consult local telephone directories or the roster of attorneys and agents registered to practice (see the USPTO Home Page for a listing of registered Agents and Attorneys).
The US Patent Office has no control over, and does not maintain information about, patent promotion organizations. It is advisable to check on the reputation of such firms before making any commitments by inquiring of Better Business Bureaus or asking your patent attorney or agent.
The US Patent Office cannot assist in the development and marketing of an invention, but will publish, at a patent owner's request, a notice in the weekly Official Gazette that the patent is available for licensing or sale. You may want to consult chambers of commerce, banks, industrial development organizations, or similar groups for help in promoting your invention. Consult local directories or write to State authorities for names and addresses of such organizations.