A patent creates a contract between the inventor and the government that gives the inventor exclusive rights in exchange for disclosure of the invention. Patent protection provides a unique opportunity to protect the inventor's hard work and contribute to the advancement of technology. A patent is just one way in which a person may protect intellectual assets. Other methods include keeping your invention a trade secret, obtaining a copyright, trademark, or through trade usage.
Specifically, a patent is a property right granted by the United States government to an inventor to exclude others from making, using, offering for sale or selling the invention throughout the United States or importing the invention into the United States. The exclusive rights last generally 20-years and are in exchange for public disclosure of how to make and use the invention when the patent is granted.
In order for an invention to be patentable, it must be something that is new, nonobvious and useful. The Patent Office classifies patents into three categories – utility, design and plant patents. Utility patents are obtained for:
- Process
- Machine
- Article of Manufacture
- Composition of Matter or
- An Improvement of any of the above
Design patents are obtained for an ornamental design of an article of manufacture, while plant patents are obtained for asexually reproduced plant varieties.
Knowing how to protect your ability to patent your invention is as important as obtaining the patent itself. One should avoid careless disclosure of the invention, document the inventive process and file an application prior to any sale, public use, or public disclosure of the invention. It is important to discuss your intellectual property asset protection options with a qualified patent attorney.
Copyright 2008 John Schwab. | |
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