United States Patent Laws

The laws governing patents in the US were created to "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Under United States law, a patent is described as a right granted to the inventor of a:

that is described as new, useful and non-obvious. A patent provides its owner with the right to exclude others from taking and using a new technology. It is the right to exclude all others from:

a product specially adapted for practice of the patent. A patent provides the inventor certain rights and excludes others from

any of the components that may be assembled outside the US along with many other rights.

How Long Does a Patent Last?

The term of a patent, specifically in the United States is 20 years measured from the claimed filing date along with patent term extension. Patent law was created and is designed to encourage inventors to disclose their inventions and new technology to the public by offering the incentive of being protected by a limited-time monopoly on their invention and its technology.

Before applying for a patent you must decide if you need a utility patent, design patent, or a plant patent. A utility patent is for those that invents or disovers a new or useful machine, article of manufacture, process, compostion of matters or a new useful improvement of one of the above. A design patent is for those that creates a new, original and ornamental design for an item of manufacuture. A plant patent is for those that invents of discovers and asexually reproduces any new plant.

Once you know what type of patent you need, all you do is file for a patent with the U.S. Patent and Trademark Office.

What is the United States Patent and Trademark Office (USPTO)? Here is a short description: First of all, it is an agency of the U.S. Department of Commerce. The purpose of the USPTO is to grant patents to protect inventions and to register trademarks. The USPTO serves the interests of both inventors and businesses regarding their inventions, creations and corporate products and service identifications. Another role is in advising and assisting:

...regarding matters involving domestic and global aspects of what is best described as "intellectual property." The USPTO promotes the industrial and technological progress of the United States and strengthens the economy via the preservation, classification and dissemination of all patent information.