Patents

Learn More About Patents

The U.S. Patent & Trademark Office (USPTO) reviews and issues patents, which are filed at the federal level. A patent may be enforced against others to prevent them from making, using, or selling the patented invention.

Types of Patents

The three primary types of patents are:

1. Design patents, which protect items like clothing, jewelry, and furniture. The design is used for purely aesthetic purposes and does not relate to the object's function. Once issued, a design patent is effective for 14 years from the issue date.

2. Plant patents, which last for 20 years from the filing date and are issued for new cultivated varieties of plants.

3. Utility patents, which are the most common type of patent. Utility patents are effective for 20 years from the filing date and protect new and useful business processes, machines, manufactured items, medications, and other inventions.

When to File a Patent

If an invention is not patented, once made public, it falls into the public domain, and anyone may use the technology or process without consent from the original inventor. To prevent this and to gain exclusivity, owners file patent applications within one year of any of the following events:

  • The invention is sold.
  • The owner makes an offer to sell the invention.
  • The owner uses the invention publicly.
  • The owner describes the invention in a published document or otherwise publicly discloses the invention.

Patent Applications

The U.S. Patent & Trademark Office estimates that most patent applications take at least two years to be processed. It is not a requirement to use an attorney for a patent filing; however, most businesses commonly do so because the application and prosecution process is complex and can affect the scope of exclusive rights obtained.

For these reasons, it is often recommended that inventors seek the guidance of a legal advisor, and the USPTO provides a list of registered patent attorneys and agents to filers.

Maintaining a Patent

A patent can expire if its owner fails to pay ongoing maintenance fees. The patent can also be found to be unenforceable by a court if it is found to be fraudulently filed or otherwise invalid. Patent owners are responsible for monitoring their intellectual property and protesting any conflicts.

CorpAmerica does not currently assist in patent searches or filings, but business owners can learn more at www.uspto.gov.

Patent FAQs

1. What is a patent?

A patent is a type of intellectual property filing that typically protects an invention or business process. The U.S. Patent & Trademark Office governs patents, which are filed at the federal level.

2. What are the types of patents?

The three types of patents are design patents, utility patents, and plant patents. Design patents protect ornamental features of an invention, whereas utility patents apply to new and useful processes, machines, manufactured items, composition of matter, and other inventions. Plant patents are issued for new cultivated varieties of plants.

3. When should a patent be filed?

Patents should be filed within one year of a sale (or offer to sell) of an invention, or within one year of any public use or published description (or other disclosure) of the item or process to be patented.

4. How do I file a patent?

CorpAmerica does not currently assist in patent searches or filings, but business owners can learn more at www.uspto.gov.