A patent is a legal right granted by the government that allows an inventor to exclude others from making, using, selling, or importing their invention for a limited time.
Below are general answers to common questions about the patenting process.
For advice specific to your situation, consult a qualified patent attorney.
For advice specific to your situation, consult a qualified patent attorney.
To be eligible for patent protection, an invention must be new, useful, and non-obvious. This includes processes, machines, manufactured articles, or compositions of matter, as well as significant improvements to these.
The patenting process typically takes about 2-3 years from the filing date, but it can vary depending on the complexity of the invention and the backlog at the patent office.
You apply for a patent by filing an application with the patent office, such as the United States Patent and Trademark Office (USPTO). The application includes a detailed description of the invention, patent claims defining the invention’s scope, drawings (if necessary), and fees.
The cost varies significantly depending on the complexity of the invention, legal fees, and government fees. Typically, obtaining a patent can range from several thousand to tens of thousands of dollars.
While inventors can file patents independently (“pro se”), hiring a registered patent attorney or agent is strongly recommended due to the complex legal and technical nature of the patenting process.
Public disclosure of an invention before filing a patent application can jeopardize patent rights. In the U.S., inventors have one year from the date of public disclosure to file an application, but most other countries require absolute novelty.
Utility and plant patents typically last 20 years from the application filing date, while design patents last for 15 years from the date they’re granted.