A patent is a government-granted property right, giving inventors exclusive rights to their creations for a set period. This exclusive right is provided in exchange for disclosing the detailed workings of the invention.
Government bodies manage and sanction patent applications, like the U.S. Patent and Trademark Office (USPTO), which functions under the Department of Commerce in the United States.
Key Points to Remember
- A patent secures a property right by a sovereign authority to an inventor.
- It grants exclusive rights for a specific period in exchange for a full disclosure of the invention.
- As of June 2018, the USPTO issued the 10 millionth patent.
- The majority of patents in the U.S. are utility patents, making up 90% of all issued patents.
- Utility and plant patents last for 20 years, while design patents last either 14 or 15 years, depending on the filing date.
Decoding Patents
Most patents are valid for 20 years in the United States from the filing date, with possible exceptions for extensions. It’s crucial to understand that U.S. patents are only valid domestically, and inventors seeking international protection must apply for intellectual property rights within each respective country.
According to U.S. law, a patent can be awarded to:
“Anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…”
Types of Patents
There are three main types of patents in the United States:
Utility Patents
Utility patents offer legal protection for new and useful processes, machines, or compositions of matter. These are the most common patents, comprising over 90% of all issued patents. They last for 20 years from the filing date, given that maintenance fees are paid.
Design Patents
Design patents protect new, original, and ornamental designs for manufactured items. They safeguard appearances or configurations and last for 15 years for applications filed on or after May 13, 2015 (or 14 years for filings before this date). They do not require maintenance fees.
Plant Patents
Plant patents are granted to anyone who invents, discovers, or asexually reproduces any distinct and new variety of plant. These patents are also valid for 20 years from the filing date and do not necessitate maintenance fees.
The Application Journey
Applying for a patent entails researching potential pre-existing claims in the USPTO database to ensure originality. Detailed records of the design and creation process must be meticulously maintained. The onus of enforcing the patent lies on the applicant.
For a U.S. patent application, necessary documents include item drawings, descriptions, and claims. A formal declaration confirming the invention’s genuineness must be signed and submitted. Post submission and fee payment, the application undergoes review for approval or denial.
Patents act as a shield safeguarding intellectual property, boosting profitability for companies, and serving as a testament to innovation.
Patent Facts and Figures
The USPTO receives over 500,000 patent applications annually, approving around 300,000 of them. As of 2023, the office had over 14,000 employees, with approximately 60% serving as patent examiners.
Notably, the USPTO granted its 10 millionth patent in June 2018. Tech giants like Apple received numerous patents—indeed, IBM secured over 8,000 patents in 2021 alone.
Inspiring Patent Examples
Steve Jobs and other Apple employees filed a significant patent for the personal computer in 1980. Some landmark patents include the razor by King C. Gillette in 1904, the traffic light by Garrett Morgan in 1923, and Philo Taylor Farnsworth’s television system patent from 1930.
Patents, Trademarks, and Copyrights: A Comparative View
While patents shield inventions, trademarks protect specific product/service identifiers such as logos or brand names. In contrast, copyrights secure creative works like literature and music.
Frequently Asked Questions
What Does Patent Mean?
A patent provides exclusive rights to an invention, preventing others from using or selling it without permission. Generally, these rights last for 20 years.
What Are Some Renowned Patented Inventions?
Examples include the telephone, dishwasher, lightbulb, Boeing’s Water Harvesting system, Disney’s robotics methodology, and Google’s medical response drone.
What Are the Three Types of Patents?
The main categories are utility patents, design patents, and plant patents.
How Much Does a Patent Cost?
Patent applications can cost anywhere from approximately $5,000 to over $45,000, depending on various factors such as attorney fees and type of application.
Duration of Patent Validity
Utility and plant patents last for 20 years from the filing date, whereas design patents last for 15 or 14 years, based on the application date.
Concluding Thoughts
Patents provide vital protection to inventors and their creations. They not only ensure exclusive rights but also contribute to a company’s innovation showcase. To benefit, inventors must navigate the application intricacies, bearing in mind that U.S. patents offer protection only within national boundaries. For global defense, separate applications are required for each jurisdiction.
Related Terms: trademarks, copyrights, intellectual property.
References
- United States Code. “35 USC 101: Inventions Patentable”.
- United States Patent and Trademark Office. “U.S. Patent Statistics Chart Calendar Years 1963 - 2020”.
- United States Patent and Trademark Office. “Patent Essentials”.
- United States Patent and Trademark Office. “Maintain Your Patent”.
- United States Patent and Trademark Office. “Applying for Patents”.
- United States Patent and Trademark Office. “Types of Patents”.
- United States Patent and Trademark Office. “Applying for Patents”.
- U.S. Department of Commerce. “U.S. Patent and Trademark Office Fiscal Year 2023: The President’s Budget and Congressional Justification”. Pages 3, 10.
- United States Patent and Trademark Office. “United States Issues Patent Number 10,000,000”.
- Statista. “Companies With the Most U.S. Patents Granted to Them in 2021 and 2022”.
- Google Patents. “Personal Computer”.
- Google Patents. “Razor”.
- United States Patent and Trademark Office. “Of Courage and Caution”.
- Google Patents. “Television System”.
- National Inventors Hall of Fame. “Philo Taylor Farnsworth”.
- United States Patent and Trademark Office. “What Is a Trademark?”
- United States Patent and Trademark Office. “Copyright Basics”.
- Google Patents. “Water Harvesting System”.
- Google Patents. “Robot Action Based on Human Demonstration”.
- Google Patents. “Multi-Part Navigation Process by an Unmanned Aerial Vehicle for Navigating to a Medical Situatiion”.
- Patent Trademark Blog. “How Much Does a Patent Cost? It Really Depends”.
- United States Patent and Trademark Office. [“2701 Patent Term [“R-10.2019"]”](https://www.uspto.gov/web/offices/pac/mpep/s2701.html).
- United States Patent and Trademark Office. “Patent Essentials”.
