What is a Patent?

A patent is a legal document that grants the owner exclusive rights to an invention for a certain period of time in exchange for publicly disclosing the details of the invention. There are several different types of patents, including utility patents, design patents, and plant patents.

What Types of Inventions are Eligible for Patent Protection?

In general, patents are available for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. In order to be eligible for patent protection, an invention must be novel, non-obvious, and fully and clearly described in the patent application. 

Some specific types of inventions that are commonly eligible for patent protection include: 

• Processes: A process is a series of steps or operations that are performed to achieve a particular result. Patents can be obtained for new and useful processes, such as methods of manufacturing, treating, or using a product. 

• Machines: A machine is a device that performs a specific function by using mechanical power. Patents can be obtained for new and useful machines, such as a machine for sorting or processing materials. 

• Manufactures: A manufacture is a tangible product that is made by hand or machine. Patents can be obtained for new and useful manufactures, such as a new type of shoe or a new type of computer. 

• Compositions of matter: A composition of matter is a combination of two or more chemical elements or compounds that results in a new and useful product. Patents can be obtained for new and useful compositions of matter, such as a new type of polymer or a new pharmaceutical compound. 

• Improvements: An improvement is a new and useful change or modification to an existing product or process. Patents can be obtained for new and useful improvements, such as a new and improved way of manufacturing a product or a new and improved component of a machine. 

It is important to note that in order to be eligible for patent protection, an invention must be novel, non-obvious, and fully and clearly described in the patent application. In addition, certain types of inventions, such as laws of nature, physical phenomena, and abstract ideas, are not eligible for patent protection. 

How Do I Get a Patent?

To obtain a patent, you must first file a patent application with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO). The application must include a detailed description of the invention and how it is novel and non-obvious. The application will then be reviewed by a patent examiner, who will determine whether the invention meets the requirements for a patent. If the application is approved, the inventor will be granted a patent.

How Long Does a Patent Last?

The length of time that a patent lasts depends on the type of patent and when it was issued. Utility patents, which cover new and useful inventions or discoveries, generally last for 20 years from the date of filing. Design patents, which cover new, original, and ornamental designs for an article of manufacture, generally last for 15 years from the date of grant. Plant patents, which cover new varieties of asexually reproduced plants, generally last for 20 years from the date of grant. 

What is the Difference Between a Provisional and Non-Provisional Patent Application?

A provisional patent application is a temporary patent application that allows you to establish an early effective filing date for a non-provisional patent application while you continue to develop and refine your invention. Provisional patent applications are not examined and do not result in the grant of a patent. Instead, they provide a means to establish an early effective filing date for a later-filed non-provisional patent application, as long as the later-filed non-provisional patent application properly claims the benefit of the earlier-filed provisional patent application. A non-provisional patent application, on the other hand, is a full patent application that will be examined by the patent office to determine if it meets all the necessary requirements for the grant of a patent. Non-provisional patent applications include a complete specification, including a written description of the invention and one or more claims defining the scope of the invention. Non-provisional patent applications may also include drawings and other supporting materials, as well as an oath or declaration from the inventors.

What is a PCT application? 

A PCT patent application, or an international patent application filed under the Patent Cooperation Treaty (PCT), is a type of patent application that allows you to seek protection for your invention in a large number of countries by filing a single patent application. The PCT is a international treaty that provides a centralized system for filing and processing patent applications on a global scale. 

By filing a PCT patent application, you can effectively preserve your right to seek patent protection in any of the contracting states (member countries) of the PCT, as long as you do so within a certain time period. The PCT process allows you to delay the costs and complexities of national patent prosecution in multiple countries until a later date, when you can decide which countries you want to pursue patent protection in. 

The PCT process includes a number of stages, including the international phase and the national phase. During the international phase, your PCT patent application is reviewed by an international search authority, which performs a search to identify any prior art that might be relevant to your invention. The search authority also issues a written opinion on the potential patentability of your invention. During the national phase, you can enter the national or regional patent office of each country where you wish to seek protection and request the grant of a patent. 

Overall, the PCT process provides a convenient and cost-effective way to seek patent protection on a global scale.