What is a patent?
- A patent is a grant of a property right by the government to the
inventor giving him/her the right to exclude all others from making,
using, or selling the invention for the life of the patent.
- When the patent expires, the invention is freely available to the
public.
- See General Information Concerning Patents for
additional information.
Who can get a patent?
- A patent is granted only to the person/people
who invent a "new and
useful process, machine, manufacture, or composition of matter, or
any new and useful improvements thereof."
- See General Information Concerning Patents for
additional information.
How long do patents last?
- Utility and plant patents issued since
June 8, 1995 expire 20 years from the date of application with the
payment of maintenance fees.
- Utility and plant patents issued prior to June 8, 1995 expire 17
years from the date of issue with the payment of maintenance fees.
- Design patent expire 14 years from the date of issue.
- Patents are not renewable. Under special circumstances, a patent
term may be extended.
What does "patent pending" mean?
- "Patent pending" means that an application
has been filed with the Patent and Trademark Office and is being
examined. No patent has yet been issued.
- No patent rights exist until the patent issues.
- It is illegal to use the terms "patent pending" or "patent applied
for" when there is not a pending application, or when the application
has been denied.
Who can assist me?
- You can contact a registered patent attorney or agent for expert
assistance.
- Local libraries may have patent information available.
- Inventor's groups are listed in the yellow pages.
- Be careful when you use an invention promotion firm. Some are disreputable.
Consider contacting the Better Business Bureau and/or the Federal Trade
Commission to see if there are any complaints outstanding on the firm
before giving them money.
How much does it cost?
Where can I get forms?
- A patent application is much more involved than merely filling in
forms.
- A registered patent attorney or agent can write
the application for you.
- To learn how to write claims, specifications, drawings and other
parts of the application, books such as
Patent It
Yourself by David Pressman published by Nolo Press can
be useful.
- Forms such as the declaration, small entity
status, and provisional patent application are available on the Patent
and Trademark Office's homepage.