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Patent Types, Eligibility, Applications & Resources
Getting Started
Ready to start the patent or trademark application process, or just exploring the possibility? Either way, your first step will be to conduct a patent or trademark search in order to see if someone has previously patented your invention idea or registered your trademark.
Intellectual property searches can be time consuming and complicated. Consider searching the U.S. Patent and Trademark databases and other resources to get started.
What is a Patent?
A U.S. patent is a property right granted by the Government of the United States of America to an inventor to exclude others from making, using, offering for sale, or selling the invention throughout the United States, or importing the invention into the United States, for a limited time, in exchange for public disclosure of the invention.
The United States Patent and Trademark Office is the Federal Agency charged with granting U.S. Patents and registering Federal Trademarks.
Types of Patents
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matter, or any new useful improvement thereof. In general, the term of the patent is 20 years from the filing date.
Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Design patents remain in force for 14 years from the filing date.
Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Term of the patent is 20 years from the filing date.
Patent Applications
A provisional patent application provides simplified filing with a lower initial cost and one full year to prepare to file a "regular" (non-provisional) patent application. Successful filing establishes an official United States patent application filing date for the invention, permitting the inventor to use the term "patent pending" for one year. There is no such thing as a provisional patent - only a provisional patent application.
What Determines Eligibility?
In order to receive consideration for a U.S. Patent under U.S. patent law, inventions must be new, useful, and non-obvious. For clarification on what these terms mean, visit the USPTO's General Information Concerning Patents.
USPTO Patent Resources
visit the Inventors Assistance Center to get answers to questions and to help with filing a patent application.
Visit the USPTO's web page on scam prevention to learn about ways to protect yourself and register complaints.
