Key Takeaways

  • A patent grants inventors the exclusive right to make, use, and sell their inventions for a limited time, typically 20 years.
  • It protects new, useful, and non-obvious inventions, preventing others from copying or exploiting them without permission.
  • Patents promote innovation and public disclosure, ensuring technological progress benefits society.
  • There are three main types of patents: utility, design, and plant patents.
  • The patent process includes filing with the U.S. Patent and Trademark Office (USPTO) and meeting strict eligibility criteria.
  • Inventors can license, sell, or assign patent rights to others for commercial gain.
  • An attorney experienced in intellectual property law can help determine what can be patented and assist with the application process.

However, obtaining a patent is an involved process that takes some research in order to make sound business decisions. Being informed about how patents work is also key to asking good questions and receiving sound advice in the future.

What Is a Patent?

A patent is a negative right, which means it protects the patent holder from the actions of another person or group. Specifically, a patent protects the intellectual property associated with an invention.

Securing a patent, however, has some drawbacks. For example, not filing a patent will keep the invention secret from competitors. Before filing a patent, also consider that:

  • A patent gives exclusive rights to the inventor, but simply inventing something does not automatically grant protections.
  • Patents provide a shorter period of protection than copyrights.
  • Patents prevent others from copying or infringing on an invention without permission.
  • A patent is granted for a maximum of 20 years, but the invention is also disclosed to the public while the patent is in effect.
  • A patent is not a guarantee of validity. A patent may be revoked if it is found that the patent is invalid.
  • Issued patents are part of the public domain.
  • All patents are accessible through the USPTO website and can be found on Google.
  • A patent can only be obtained before an invention is manufactured and sold. Public use of the invention also means it cannot be patented.

Types of Patents

Patents fall into three main categories recognized by the USPTO and international patent offices such as WIPO:

  1. Utility Patents: Protect new and useful processes, machines, manufactured items, or compositions of matter. These are the most common type of patent and last up to 20 years from the filing date.
  2. Design Patents: Protect the unique visual design or ornamental aspects of manufactured items rather than their functional features. Design patents last 15 years from the date of issuance.
  3. Plant Patents: Protect new and distinct varieties of plants that are asexually reproduced, such as hybrid species.

Some jurisdictions, such as under the European Patent Convention (EPC), also emphasize that inventions must involve an inventive step and be capable of industrial application.

Purpose of a Patent

Patents are designed to:

  • Encourage innovation.
  • Encourage the advancement of industrial techniques.
  • Reward inventors for their originality.
  • Enable inventors — including corporations — to be reimbursed for their work.

The information in a patent covers how an invention works, its function, and its materials or how it was made. Most patents, however, aren't for inventions made from scratch. Rather, they're usually for small improvements to existing technologies. 

A patent is valuable because the owner can sell, mortgage, or license the patent to generate income, but a patent doesn't have to be used while it is in effect. A person or corporation may secure a patent simply to prevent a competitor from using the patented technology. Other benefits of a patent include:

  • Benefiting the public through information disclosed in a patent.
  • Spurring innovation and allowing the patentee to further develop an idea without fear of competitors infringing on it.
  • Increasing the value of a company acting as a patent holder.
  • Encouraging investors to provide funding by providing patent protection.
  • If an invention is released for free public use, that exact invention can't be patented in the future.
  • Assigning rights to a patent can also be a part of the negotiation process for new hires.

How Patents Promote Innovation

Patents encourage technological and economic development by:

  • Rewarding inventors for disclosing their inventions publicly.
  • Motivating research and development through the assurance of exclusive rights.
  • Allowing competitors to learn from published patents, which prevents duplicate efforts and encourages improvement.
  • Creating economic incentives for companies to invest in new technologies and products.

Governments and global organizations, including the World Intellectual Property Organization (WIPO), emphasize that the balance between exclusivity and public disclosure drives innovation and knowledge sharing across industries.

What Can Be Patented

Per the European Patent Convention, an invention must be new, have an “inventive step,” and have an industrial application in order to be patentable. Moreover:

  • The invention must be a product or process.
  • The invention cannot be part of the “state of the art” (part of “the sum total” of public knowledge worldwide).
  • A creative thought process must have played a part in developing the invention.
  • The invention must have an industrial purpose, not just intellectual or aesthetic value. The invention doesn't have to be developed for a specific industry, but it must be clear that it has a professional application.
  • A person cannot patent discoveries, scientific theories, and mathematical methods.

Note that a patent isn't mandatory. An inventor may keep an invention secret to avoid disclosing the information to the public and competitors.

A key factor when deciding to patent an invention is whether that invention is better protected by the rights of a patent or through confidentiality. For example, if an invention could easily be reverse engineered, the inventor would benefit from having a patent when the product goes to market. Moreover, information about an invention is disclosed in the patent application. Even if the patent is not granted, that information will be publicly available.

A patent attorney can help an inventor decide whether an invention should be patented and guide them through the process of securing a patent. These specialists are trained specifically in the areas of patent specifications, patent litigation, and patent applications and can help inventors protect and benefit from their ideas.

Patent Application and Examination Process

To secure patent rights, inventors must go through a multi-stage application process:

  1. Patent Search: Before applying, conduct a search to ensure the invention is novel and not already part of prior art.
  2. Patent Application Filing: File a patent application with the USPTO or an international body under the Patent Cooperation Treaty (PCT) for global protection.
  3. Examination: Patent examiners review the application for novelty, inventive step, and industrial applicability.
  4. Publication: Most patent applications are published 18 months after filing, allowing public inspection.
  5. Granting of Patent: Once approved, the patent confers exclusive rights for up to 20 years, subject to maintenance fees.

Patents are territorial, meaning protection must be sought separately in each country or region unless filed through an international process. The PCT streamlines this by allowing inventors to seek protection in multiple countries simultaneously.

Patent Enforcement and Infringement

Patent holders can enforce their rights if someone uses their invention without authorization. Remedies can include:

  • Cease and desist orders to stop infringing activity.
  • Monetary damages for unauthorized use.
  • Licensing agreements to allow lawful use of the invention.

Because patent infringement cases often involve complex legal and technical issues, consulting an intellectual property attorney can help ensure proper enforcement and protection of rights.

International Patents

While patents are granted by national offices, international mechanisms exist to simplify multi-country filings. The World Intellectual Property Organization (WIPO) administers several systems, including:

  • The Patent Cooperation Treaty (PCT): Allows inventors to file one international application recognized by more than 150 countries.
  • The International Patent Classification (IPC): Standardizes how inventions are categorized worldwide for easier search and reference.

These frameworks help inventors secure and manage global patent protection more efficiently.

Frequently Asked Questions

1. What is a patent and why is it important?

A patent is a legal right that gives inventors exclusive control over their inventions, preventing others from making, using, or selling them without permission. It’s vital for encouraging innovation and protecting business investments.

2. How long does a patent last?

In the United States, utility patents last up to 20 years from the filing date, while design patents last 15 years from the issue date.

3. What are the three main types of patents?

The main types are utility patents, design patents, and plant patents. Each protects different aspects of an invention or creation.

4. Can I get a patent internationally?

There’s no single “world patent,” but through the Patent Cooperation Treaty (PCT), inventors can seek protection in multiple countries with a single application.

5. What if someone infringes my patent?

Patent owners can enforce their rights through legal action, seeking damages or injunctions. Consulting a patent attorney is the best way to protect your invention and pursue infringement claims effectively.

If you need help with researching or filing a patent, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.