A patent is a property right granted by the US government to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the country or importing the invention into the country” for a limited time in exchange for public disclosure of the invention when the patent is granted.
A patent owner has the right to decide who may ? or may not ? use the patented invention for the duration of the protection. Patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner’s consent.
A patent for an invention is a grant of property rights by the US Government through the US Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. A utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective US filing date, whichever is longer. A design patent term is 14 years from patent grant. The right conferred by the patent grant extends throughout the United States. The terms “Patent Pending” and “Patent Applied For” are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.
A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area. For additional information on patents, you may visit the USPTO website at www.uspto.gov/main/patents.htm.
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