A patent is a document issued by the U.S. Patent and Trademark Office located in Arlington, Virginia, that grants to an inventor the legally enforceable right to exclude others from making, selling, distributing or using an invention in the U.S. territory. Congress allows this exclusive right, often considered a limited monopoly, to encourage the public disclosure of technical information and as an incentive for investing in their commercialization. Like other forms of property, the rights granted in the patent can be inherited, sold, rented, mortgaged and even taxed. When a patent expires or is held invalid, this exclusive right ceases. Congress has specified that a patent will be granted if the inventor files a timely application which adequately describes a novel and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.

The term "process" is means a process or method for carrying out a particular technical act. The term "manufacture" refers to articles which are made, and includes all manufactured articles. These classes of subject matter taken together include practically everything which is made by man and the process for making them. Methods for doing business and printed matter can not be patented.

In order to be eligible for a patent in the United States, an application for a patent must be filed within one (1) year of the date of public use or sale of the invention. This one-year grace period is not available in most foreign countries.

In order for an invention to be novel, the invention must not be previously known or used by others in this country or patented or published anywhere in the world before the inventor's actual date of invention. The second requirement, useful, means that the invention must actually work or perform the intended purpose. If the invention is novel, it must also be considered "non-obvious". This means that the differences between the invention and the prior public knowledge in its technical field must be such that a person having ordinary skill in this field would not have found the invention obvious at the time it was made.

In order to obtain a patent for an invention, a patent application must be filed with the U.S. Patent and Trademark Office located in Arlington, Virginia. The Application is not a form-like document but instead a specially drafted document containing certain sections required by Patent Statutes and Regulations. All patent applications are reviewed by a specially trained individual, called an Examiner, who determines whether the invention disclosed in the patent application is eligible for a patent.

If a patent is granted for an invention, the invention can be commercially exploited in two basic ways: First, by using or practicing the invention to obtain an exclusive market place advantage; second, by selling or licensing the patent to one or more parties. It is important to note that a patent does not necessarily give the inventor the right to practice his invention. He can practice his invention only if by doing so he does not also infringe on earlier, unexpired patents.

More information regarding the different types of patent that can be obtained and the procedures for filing for patent protection are discussed in Menu Items 2-4 and 9-10 on the previous page. Since the legal rules that govern these procedures are quite extensive and complicated, it is strongly recommended that you review these materials and then contact our experienced patent attorney before beginning this process.