A patent is a legal right granted by the United States Patent and Trademark Office (USPTO) government that gives an inventor the exclusive right to exclude others from making, using, selling and/or offering for sale a claimed invention for a limited period of time. In exchange, the inventor publicly discloses how the invention is made and used. U.S. utility patents generally last 20-years from the filing date, while design patents last 15-years from issuance.

In the United States, there are three primary types of patents:

• Utility (non-provisional) patents for functional inventions, processes, machines, and systems
• Design patents for ornamental designs of functional items
• Plant patents for new and distinct plant varieties

Additionally, a provisional patent application is a temporary, often less formal, USPTO filing that establishes priority for an invention and provides 12-months to file a non-provisional patent application.

A patent attorney can help determine which type of patent protection is appropriate for your invention.

A provisional patent application establishes an early filing date and allows the term “patent pending,” but it is never examined, and expires after 12-months.

A non-provisional utility patent application is examined by the USPTO, and can mature into an issued patent. Many inventors start with a provisional application and later file a non-provisional application claiming priority, so long as the non-provisional is filed within one year of the provisional.

A patent protects the legal right to exclude others from making, using, selling, offering for sale, and/or importing an invention without permission of the patent owner. It does not automatically grant the right to commercialize an invention, but it gives the patent owner enforceable leverage against competitors for a defined period of time.

While inventors may file patent applications on their own, patent law is highly technical. Small drafting errors can narrow patent scope, invite invalidity challenges, cause loss of rights, or make enforcement difficult. Working with an experienced USPTO-registered patent attorney that understands examiner practices, and claim strategy significantly increases the likelihood of obtaining meaningful, enforceable patent protection, and provides credibility with both patent examiners and third parties vetting the rights for acquisition and/or enforcement.

To be patentable, an invention must generally be:

• New (novel) compared to existing technology
• Non-obvious to someone skilled in the field in view of available prior art
• Practical and useful

Patent applications are examined for eligibility under Section 101 of the Patent Statute. Courts have limited what is eligible for patent protection, requiring that the concept provide a technological solution to a technological problem, which can restrict patenting of concepts performed strictly by human steps (e.g. financial or business methods), as well as mathematical algorithms, pure works of nature and certain types of computer software. This is a continually changing standard, and it is best to consult a patent attorney to ensure a concept is presented in a way that meets eligibility requirements. Not every idea or improvement qualifies, which is why early evaluation is important.

The patent process typically takes two to four years, depending on the technology, complexity of the invention, and the USPTO’s examination backlog. Some applications may move faster through prioritized examination, while others take longer due to rejections or appeals. Some applicants may request accelerated examination for an additional fee to reduce delays if they meet requirements.

Patent costs vary depending on the complexity of the invention and the type of patent sought. Costs may include attorney fees, USPTO filing fees, and examination fees. A patent attorney can provide an estimate after reviewing the invention and discussing your goals.

Yes. Patent protection is territorial, meaning a U.S. patent only protects your invention in the United States. International protection may be pursued through direct individual foreign filings in various international jurisdictions, or by first employing such international treaties as the Patent Cooperation Treaty (PCT). Strategic planning is critical to managing costs and deadlines. Given the cost and complexity of international filing, budgets should be carefully considered, and a patent attorney’s assistance in planning can be of significant value.

“Patent pending” indicates that a patent application has been filed with the USPTO but has not yet been granted. While it does not provide enforceable rights, it can deter competitors and preserve your ability to seek damages once a patent issues.

Patent infringement occurs when another party makes, uses, sells, or imports a product or process that falls within the scope of your patent claims without permission. Determining infringement requires a detailed legal and technical analysis by a patent attorney.

If you suspect infringement, it is important to consult a patent attorney before contacting the alleged infringer. An attorney can evaluate infringement, validity, and enforcement options, including licensing, negotiation, or litigation. Contacting an alleged infringer can be risky without first discussing the issue with a patent attorney due to the availability of declaratory judgment proceedings that place the patent holder on the defensive.

Yes. Issued patents can be challenged in federal court or through USPTO proceedings such as inter partes review (IPR). A patent attorney can assess the strength of a patent and advise on defense or challenge strategies.

You should consider contacting a patent attorney:

• Before publicly disclosing an invention as any disclosure without NDA, public use or offer for sale can cause a loss of patent rights
• If only concerned about US patent rights, within one year of any prior public disclosure, use or offer for sale—giving sufficient lead time for the patent attorney to act
• Before filing a self-drafted patent application, as an attorney’s review can avoid costly mistakes and/or loss of rights
• When developing or commercializing new technology
• If you receive a cease-and-desist letter form a third party
• If you believe your patent rights are being infringed by a third party

Early legal guidance can help avoid costly mistakes and preserve valuable intellectual property rights.

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