Understanding US Patents: Protecting Your Innovation
Patents can be a powerful tool for protecting your innovations. They safeguard your intellectual property, foster innovation, and can increase your business’ valuation. Designing a new patentable product or creating a patentable improvement of an existing product can help you break into a new market, expand your current market share, or even create an exclusive market with your patented product.
This page provides a concise overview of US patents, helping you determine if your invention or your design qualifies for protection.
What is a US Patent?
A US patent is a United States Patent and Trademark Office (USPTO) granted right that excludes others from making, using, selling, or importing an invention or an article bearing a patented design for a limited period throughout the territory of the US. It provides you with a powerful tool to protect your intellectual property and gain a competitive advantage.
Types of US Patents
- Utility Patents: A utility patent protects a new, useful, and non-obvious invention. Essentially, if you invent something that has a practical application, then you can apply for a utility patent to protect your invention.
For example, a utility patent can cover a machine that is made up of moving parts, such as an engine, a valve, or a marsh buggy. A utility patent can also cover a product made from specific materials or configurations, such as a semiconductor chip, an electrical device, a chemical compound, and a consumer product. A utility patent can cover a new drug with unique health benefits, as well as a method for producing such drug. A utility patent can cover a process, such as a business process, software, or a method for manufacturing products.
A utility patent in the US lasts for 20 years from the date of filing.
- Design Patents: A design patent protects a new, original, and ornamental design of an article of manufacture. In other words, this patent protects a visual appearance of products (apparel, edible products, jewelry, electronic devices, furniture, tools, hardware, games, toys, and sporting goods), packaging of products, and even fonts and computer icons (such as emojis).
A design patent in the US lasts for 15 years from the date of grant.
- Plant Patents: A plant patent protects a new and distinct plant variety that is asexually reproduced, which is usually achieved through distinct morphological or genetic characteristics. Some examples of plant patents include the Honeycrisp Apple, Eureka Lemon, and Monsanto Seed patents.
A plant patent in the US lasts for 20 years from the date of filing.
The Patent Prosecution Process: From Concept to Protection
Our firm guides you through the entire patent prosecution process, ensuring your invention receives the strongest possible protection.
1. Prior Art Search and Report: As a first step, we highly recommend conducting a prior art search to help you determine if a patent application is feasible. This search helps identify existing patents and publications that may impact the application.
Learn more about our prior art search here.
2. Patent Application Drafting and Filing: Our team drafts your patent application, accurately describing and claiming your invention, and we file the application with the United States Patent and Trademark Office (USPTO) and request examination.
Learn more about our patent application drafting and filing services here.
3. Examination: We facilitate the examination process, responding to examiner objections and advocating for your invention.
Learn more about our examination services here.
4. Allowance and Patent Issuance: If your patent application is allowed, we handle the necessary steps to obtain your patent. We also advise you on continuing application opportunities to expand your protection.
Learn more about allowance and continuing applications here.
5. Patent Maintenance: We can help you maintain your patent by paying the required maintenance fees, ensuring your protection remains in force.
Learn more about Patent Maintenance here.
Patent Expiration
When a patent expires, the subject matter of the patent enters the public domain, meaning anyone can make, use, sell, or import it without infringing the patent holder’s rights.
Schedule Your Complimentary Consultation
If you have an invention or design you believe may be patentable, we encourage you to schedule a complimentary consultation with us. We can assess your invention, answer your questions, and guide you through the patent process. We offer both in-office and virtual consultations.