What Does Patent Mean?

A patent is the type of legal protection granted to inventors to secure their intellectual property rights for their work. The authority for granting patents is stated in Article 1, Section 8 of the U.S. Constitution. The purpose of patents is to encourage scientific and technological progress. Getting a patent isn't automatic. An inventor must show the invention or design is genuinely new in some essential way.

  1. Definition

    • According to the U.S. Patent and Trademark Office (USPTO), a patent grants the holder "the right to exclude others from making, using, offering for sale, or selling."

    Eligible Ideas

    • Patents are granted for new inventions or improvements and new combinations of existing technology. Some computer programs and biologically engineered organisms can also be patented

    Non-patentable Items

    • Once a patent expires it can't be patented again. Things that occur in nature and scientific discoveries may not be patented.

    Time Frame

    • Once a patent application is approved, it is good for 20 years under U.S. law. However, periodic maintenance fees must be paid to keep the patent in force.

    Provisional Patents

    • A provisional patent may be granted before a patent application is filed. This protects the inventor's claim for 12 months, allowing time to complete the patent application process.

    Patent Rights

    • A patent holder can sell the patent or may choose to retain ownership and license others to manufacture or sell the patented technology.

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