A U.S. patent is a statutory exclusive right that grants an inventor ownership of a distinctive, novel, and non-obvious part of his or her invention. The U.S. Patent and Trademark Office (USPTO) is responsible for the issuance of patents in the United States, which provides inventors with the exclusive right to own their inventions for a certain period of time. The U.S. patent system is a legal mechanism designed to protect inventors and provide them with exclusive rights to use their innovations. Here are some important things to know about U.S. patents:
United StatesPatentsofDefinitions:
A patent is a legal document that grants an inventor exclusive rights to his or her invention. It ensures that the inventor has exclusive rights for a certain period of time, preventing others from making, using, or selling the invention without permission. Patents are generally divided into three main areas: utility patents, design patents, and plant patents.
Type of patentand expiration date
There are three main types of patents protected in the United States:
Utility patent: The most common type of patent, which applies to new and utility inventions, including machines, chemical compounds, methods, processes, etc. A utility model patent is valid for 20 years;
Design patent: Applicable to new, original, decorative designs. These designs include the appearance, shape, pattern, etc. of the product. The design patent is valid for 15 years;
Plant patent: Applies to new varieties of plants that have been artificially propagated or improved. Plant patents are valid for 20 or 25 years, depending on the plant species.
Among them, the invention patent needs to pay a fee once in the 7th and 11/2th years after the grant to maintain the validity of the patent.
The term of protection of a patent
Utility model patents and invention patents are usually protected for a period of 20 years, while plant patents are protected for a period of 20 years. During this time, the patent holder has the right to prevent others from manufacturing, using, selling, or introducing products covered by their patent rights without permission.
Patent Requirements
In order to be patentable, an invention must meet certain requirements, including novelty, non-obviousness, and utility. Novelty requires that the invention was not disclosed prior to the patent application; Non-obviousness requires that the invention is more than a simple change in the prior art; Practicality requires that the invention has a function of practical application.
Patent application process
The process of filing a patent application usually includes steps such as preparing the patent application documents, filing the application, preliminary examination by the USPTO, publication of the patent application, substantive examination, and responding to office actions. The entire process can take years.
Patent searches
It is very important to conduct a patent search before applying for a patent. This helps to determine the novelty of the invention and avoid overlapping with existing patents.
Assignment of patent rights
Patent rights can be assigned, licensed, or mortgaged. Many inventors choose to transfer their patent rights to companies or other entities for financial gain.
International patent application
Inventors can use the International Patent Agreement (PCT) to simplify the process of filing patent applications in multiple countries. The PCT allows international patent applications to be filed within one year, followed by the option to file patent applications in specific countries in the next few years.
Confidentiality of patents
Patent applications are generally public, but they can remain confidential for a certain period of time. During this period, the applicant can decide whether or not to disclose his invention.