Confused about patents and whether you need one? This guide answers frequently asked questions for new inventors.
**1) What is a patent?**
A patent is a form of intellectual property granted to inventors of new and non-obvious processes, machines, articles of manufacture, or compositions of matter. In exchange for a complete disclosure of the invention, including how to use it, the inventor receives a legal monopoly granting the right to exclude others from making, using, selling, offering for sale, or importing the invention in the United States for a specific period.
**2) What does ‘patent pending’ mean?**
Once a patent application is filed, the invention can be marked ‘patent pending’ or ‘patent applied for’ before the patent is issued. While this designation doesn’t grant legal rights, it may discourage others from copying the invention because a patent could be issued later.
**3) What are the different types of patents?**
The two main types are design patents and utility patents.
* **Design patents** protect the appearance or aesthetics of an invention. They offer a more limited legal monopoly than utility patents.
* **Utility patents** protect the function of an invention. Utility patents are generally more desirable, although an invention can be protected by both types.
**4) How long does patent protection last?**
Utility patents grant a legal monopoly for 20 years from the filing date of the patent application. However, the rights only begin once the patent is issued. Design patents offer protection for 14 years from the issue date.
**5) What are maintenance fees?**
Utility patents require maintenance fees to be paid 3.5, 7.5, and 11.5 years after the patent is issued to keep it active. Design patents do not require maintenance fees.
**6) Should I keep my invention secret?**
Yes, maintain secrecy until consulting with a qualified patent attorney or agent. Many foreign countries have an ‘absolute novelty’ requirement. Public disclosure of the invention before the ‘effective filing date’ in those countries can jeopardize the validity of any potential patent.
**7) What is the International Treaty (Paris Convention)?**
Many countries adhere to the International Treaty (Paris Convention), allowing inventors to claim ‘foreign priority.’ This means a patent application filed in a member country within one year (six months for design patents) of the first filing date can claim the benefit of that earlier filing date.
**8) Are there time limits for filing a U.S. patent application?**
Yes. File a U.S. patent application within one year of the earliest of these events:
* Offering the invention for sale
* Publicly using the invention
* Describing the invention in a printed publication
These are called ‘statutory bars.’ Failing to file within the year prevents you from obtaining a U.S. patent. Foreign priority or provisional patent applications can sometimes predate these bars.
**9) What is a provisional patent application?**
A provisional patent application offers a simpler way to establish an early filing date. It requires a description of the invention but doesn’t have the formal requirements of a utility patent application. A utility patent application (but not a design patent application) or foreign patent application filed within one year can claim priority from the provisional application’s filing date.
**The bottom line:** Consult a patent attorney or agent promptly to discuss protecting your invention.