The Patent

The patent

What you need to know to get your product off the ground — legally.

A U.S. patent for an invention is the grant of a "property right" to the inventor(s). Issued by the U.S. Patent and Trademark Office, it is "the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States."

There are three types of patents:

1. Utility patents protect the invention or discovery of a new and useful process, machine, article of manufacture, or compositions of matters, or a new useful improvement thereof.

2. Design patents protect the invention of a new, original and ornamental design for an article of manufacture.

3. Plant patents protect the invention or discovery and asexual reproduction of a distinct and new variety of plant.

To obtain a U.S. patent, an application must be filed in the Patent and Trademark Office. But a patent cannot be obtained with just an idea or suggestion. A complete description of the actual machine or other subject matter must be presented. In addition, patents cannot be obtained:

• if the invention has been described in a printed publication anywhere in the
world.

• if it was known or used by others in this country before the date that the ap-
plicant made his/her invention.

• if it has been in public use or on sale in this country more than one year before
the date on which an application for patent is filed in this country. (Note: To
preserve patent rights in many foreign countries, the inventor must file on the
date of public use or disclosure.)

U.S. patent grants are effective only within the United States, its territories and possessions. The term of a new patent is generally 20 years from the date on which the application for the patent was filed.

For more information on patents, visit www.uspto.gov or call 800/786-9199. And if you need a break from the business of inventing, click over to the patent offices’ kid’s pages www.uspto.gov/go/kids, which has just enough fun to get your mind off your work for a few minutes, explains the patent search tool ("Imagination Station"), and even has a Panic Button … just in case. But be careful, those bug-strewn mazes, trademark sound links and mousetrap games can easily distract you from your commitment to move that invention along to market. — Lisa Lupo