“Patent FAQ”
The USPTO grants three types of patents.
- The Utility Patent covers an invention that is a “process, machine, article of manufacture or composition of matter.”
- The Design Patent covers the ornamental features of a device or product. It does not cover the utilitarian features of the device or product.
- The Plant Patent covers new and distinct variety of plants which are asexually reproduced, excluding tuber propagated plants of a plant found in an uncultivated state.
For more patent information or patent help, visit the USPTO website.
For more information on intellectual property protection for small business visit Stop Fakes.
The patent application is a very detailed description of the invention. It must include many pieces of information, and is required to be submitted to the USPTO in a very specific format, including the format for figures or drawings. The patent application ends in the patent claims, which are what ultimately define the invention and its scope.
“Submitted by Inventor or Patent Idea Lawyer”
The application must be submitted by the inventor, or the inventor’s legal representative, such as a patent lawyer. The applicant must affirm that she is the first and original inventor; that the invention has not been known or used before; that statements in the application are true; that she is aware of the duty to disclose information to the USPTO that might be material to the examination or patentability of the invention; and an acknowledgement that false statements are punishable by fine and/or imprisonment and can jeopardize the validity of the application or any issued patent. Even if the inventor has assigned her rights in the invention, she must make these declarations; not the assignee.
For more patent information or patent help, visit the USPTO website.
For more information on intellectual property protection for small business visit Stop Fakes.
The primary textual portion of the patent application is called the “specification.” It is in this section that the invention must be described in sufficient detail so as to allow others in the relevant art to practice the invention. It will also typically include the title, abstract, brief summary, reference to drawings, a detailed description, and ends in the patent claims.
Patent claims actually define the invention and its scope; they give the boundaries of the invention for which patent rights are asserted. The claims inform the public what is within the patent monopoly. A claim will typically give a set of elements that are deemed necessary to practicing the invention.
For more information on how patent claims affect patent infringement cases, visit Patent Infringement and the Individual Inventor.
In order to receive a patent from the U.S. Patent and Trademark Office, the inventor must show that her invention passes the test. After all, the public does not want the government to grant exclusive rights to an invention that the public is already free to use.
The inventor submits the invention to the USPTO in the form of a patent application. Upon receipt, the USPTO examines the application and after rigorous review, most of the time with inventor input, either rejects or accepts the application.
In preparation for the USPTO review, the inventor looks to the patent laws to find out what elements the invention needs to pass the test of patentability. These laws are found in Title 35 of the United States Code (35 USC) beginning in Section 101. In addition to the laws that define what is patentable, there are rules and regulations that dictate the substance and form the application must have throughout the examination process. Rules and Regulations are found in Title 37 of the Code of Federal Regulations (37 CFR).
Another helpful resource is the Manual of Patent Examination Procedure, which is the document that the USPTO uses to direct patent examiners in their review of patent applications.
For more patent information or patent help, visit the USPTO website.
For more information on intellectual property protection for small business visit Stop Fakes.
