Introduction
A patent is a powerful legal tool that protects your invention and grants you exclusive rights to produce, use, and sell it for a limited period. If you have created a unique product, process, or design, obtaining a patent prevents others from profiting from your idea without permission.
In this guide, we’ll walk you through:
✅ What a patent is
✅ Types of patents
✅ The 9-step process to get a patent
✅ Patent vs. copyright
✅ A patent checklist
✅ What you can and cannot patent
✅ The role of a patent attorney
✅ Maintaining your patent
✅ Selling your patented product
Let’s dive in!
What is a Patent?
A patent is a legal protection granted by a government authority that gives an inventor exclusive rights to their invention for a specific period. This means no one else can make, use, sell, or distribute the invention without the patent holder’s permission.
In the United States, patents are issued by the United States Patent and Trademark Office (USPTO), ensuring that innovators can commercially benefit from their creations while preventing unauthorized use.
Types of Patents and Their Duration
| Patent Type | Purpose | Duration | Example |
|---|---|---|---|
| Utility Patent | Protects new processes, machines, or compositions | 20 years | The iPhone’s touchscreen technology |
| Design Patent | Protects the ornamental design of a product | 15 years | The Coca-Cola bottle shape |
| Plant Patent | Protects newly invented plant varieties | 20 years | A genetically modified disease-resistant apple tree |
Why Are Patents Important?
✅ Encourage Innovation – Inventors are motivated to create new technologies.
✅ Grant Exclusive Rights – Gives the patent owner a legal monopoly over the invention.
✅ Increase Business Value – Patents can be licensed, sold, or used as assets to attract investors.
✅ Prevent Copying – Ensures competitors cannot profit from your hard work.
Real-World Example:
🔹 The Dyson Vacuum Cleaner – Inventor James Dyson patented his cyclone technology, preventing competitors from copying his bagless vacuum design. Today, Dyson remains a market leader in vacuum technology.
🔗 Learn More About Patents from USPTO: USPTO Official Site
3 Types of Patents
Patents come in different forms, each designed to protect specific types of innovations. Understanding the three main types of patents will help you determine which protection best suits your invention.
1. Utility Patents (Most Common)
A utility patent protects new machines, processes, compositions of matter, or improvements to existing technology. This is the most frequently granted type of patent, covering functional innovations.
🔹 What It Covers:
- Machines & devices (e.g., engines, smartphones)
- Manufacturing processes (e.g., methods for making pharmaceuticals)
- Software & algorithms (e.g., encryption technology)
- Chemical compositions (e.g., new drug formulas)
📌 Example:
The iPhone’s touchscreen technology was protected by multiple utility patents, preventing competitors from using the same multi-touch functionality.
🔗 Learn More About Utility Patents:
- USPTO Utility Patent Guide
- Google Patents Database – Search for existing utility patents.
2. Design Patents (Protects Visual Aesthetics)
A design patent safeguards the ornamental appearance of a product rather than its function. This includes unique shapes, patterns, and surface decorations.
🔹 What It Covers:
- The shape and design of consumer products (e.g., furniture, cars)
- Graphical user interfaces (e.g., app icons, website layouts)
- Fashion and accessories (e.g., designer handbags)
📌 Example:
The original Coca-Cola bottle shape is protected by a design patent, preventing competitors from using a similar curved design.
🔗 Learn More About Design Patents:
- USPTO Design Patent Guide
- WIPO Design Protection – International design patent system.
3. Plant Patents (For New Plant Varieties)
A plant patent is granted for newly invented plant species that have been reproduced asexually (without seeds), such as by grafting or cloning.
🔹 What It Covers:
- Genetically modified crops (e.g., drought-resistant wheat)
- Hybrid flowers and ornamental plants
- Disease-resistant plant strains
📌 Example:
A genetically modified apple tree that produces apples with an extended shelf life is eligible for a plant patent, preventing competitors from replicating the same variety.
🔗 Learn More About Plant Patents:
- USPTO Plant Patent Guide
- International Union for the Protection of New Plant Varieties (UPOV) – Global plant variety protection.
Key Takeaways
✅ Utility Patents protect functional innovations (e.g., iPhone technology).
✅ Design Patents protect the visual appearance of products (e.g., Coca-Cola bottle).
✅ Plant Patents protect newly created plant species (e.g., hybrid wheat strains).
If you’re unsure which patent type fits your invention, consider consulting a patent attorney for expert guidance.
🔗 Find a Patent Attorney Near You:
Patent vs. Copyright: Similarities and Differences
Both patents and copyrights protect intellectual property, but they apply to different types of creations and offer distinct legal protections.
| Feature | Patent | Copyright |
|---|---|---|
| Protects | Inventions, processes, and new technologies | Creative works such as books, music, films, and artwork |
| Duration | Utility & Plant Patents: 20 years Design Patents: 15 years | Author’s Lifetime + 70 years (for individuals) 95 years from publication (for corporations) |
| Example | Tesla’s battery design, preventing competitors from using the same technology | A bestselling novel, ensuring only the author or copyright owner can profit from it |
| Application Process | Requires formal application, approval, and fees through the USPTO | Automatic protection upon creation, but registration with the U.S. Copyright Office strengthens legal claims |
| Legal Protection | Prevents others from making, selling, or using the invention | Prevents others from copying, distributing, or profiting from the work |
Key Differences:
- Patents require a formal application, while copyrights are automatically granted upon creation.
- Copyrights last much longer than patents, making them ideal for artistic works.
- Patents cover functional inventions, while copyrights protect expressions of ideas, not the ideas themselves.
🔗 More Info on Copyrights: U.S. Copyright Office (USCO)
How to Get a Patent in 9 Steps
Securing a patent is a crucial step in protecting your invention. The process can be complex and time-consuming, but breaking it down into clear steps will help you navigate it efficiently. Here’s a detailed 9-step guide to obtaining a U.S. patent.
1. Determine If Your Invention Qualifies for a Patent
Before applying for a patent, ensure your invention meets the three key requirements:
✅ Novelty – Your invention must be new and not publicly disclosed.
✅ Usefulness – It must have a practical purpose and be functional.
✅ Non-Obviousness – It must be significantly different from existing inventions.
🔗 USPTO Patent Eligibility Guide: Check Here
2. Document Your Invention Properly
Thorough documentation is critical to proving you are the original inventor. Create a detailed log of your invention process, including:
📌 A written description – Clearly explain how your invention works, what problem it solves, and how it improves on existing solutions.
📌 Diagrams & sketches – Include technical drawings, blueprints, or flowcharts.
📌 Development timeline – Keep a dated record of modifications, testing, and improvements.
📌 Lab notebooks – If working in a scientific field, maintain a lab notebook with step-by-step notes signed and dated.
📌 Prototypes – If possible, develop and test a prototype to demonstrate functionality.
🔗 Recommended Resources for Documentation:
3. Conduct a Thorough Patent Search
A patent search ensures that no identical or similar inventions exist. If a similar patent already exists, you may need to modify your invention or adjust your patent claims.
🔎 Where to Conduct a Patent Search:
- USPTO Patent Database – Official U.S. patent search tool.
- Google Patents – Global patent database.
- WIPO Patent Database – International patent search.
4. Decide the Type of Patent You Need
Choose the right type of patent based on the nature of your invention:
🔹 Utility Patent – For functional inventions (e.g., software, machines, processes).
🔹 Design Patent – Protects the visual design of a product (e.g., product packaging, furniture).
🔹 Plant Patent – Covers new plant species created via asexual reproduction.
🔗 USPTO Guide on Patent Types: Learn More
5. Choose to File a Provisional or Non-Provisional Patent
You have two options when first filing your patent:
✅ Provisional Patent Application (PPA) – Gives 12 months of protection before filing a full application. A great way to secure your invention quickly and at a lower cost.
✅ Non-Provisional Patent Application (NPA) – A formal patent application that undergoes full examination.
📌 Tip: A PPA is recommended if you are still refining your invention but want to protect your idea while securing funding.
🔗 How to File a Provisional Patent: Step-by-Step Guide
6. Prepare a Full Patent Application
A non-provisional patent application must include several key components:
📌 Specification – A detailed description of the invention and how it works.
📌 Claims – Clearly state what aspects of the invention you want to protect.
📌 Drawings – If necessary, technical sketches or blueprints should be included.
📌 Abstract – A summary of the invention’s purpose and function.
📌 Oath or Declaration – A signed statement confirming you are the original inventor.
🔗 USPTO Guide on Application Components: See Detailed Requirements
📄 Sample Patent Application: Download Here
7. File Your Patent Application with the USPTO
Once your patent application is complete, you must file it online using the USPTO’s electronic filing system (EFS-Web).
🔹 Filing Fees:
| Application Type | Standard Fee | Small Entity | Micro Entity |
|---|---|---|---|
| Utility Patent | $320 | $160 | $80 |
| Design Patent | $220 | $110 | $55 |
| Provisional Patent | $300 | $150 | $75 |
🔗 File Your Patent Online: USPTO Patent Filing System
8. Work with a Patent Examiner
After submission, your patent will be reviewed by a USPTO examiner. The process typically involves:
📌 Patent Examination – The examiner checks if your invention meets patent requirements.
📌 Office Actions – If there are issues, the examiner may request modifications or clarifications.
📌 Patent Approval or Rejection – If accepted, your patent is granted; if rejected, you can modify and reapply.
🔗 Check Your Patent Application Status: USPTO Patent Application Status Tool
9. Maintain and Enforce Your Patent
Once your patent is granted, you must pay maintenance fees and monitor for infringement.
✅ Maintenance Fees (Utility Patents Only):
- 3.5 Years: $1,600
- 7.5 Years: $3,600
- 11.5 Years: $7,400
📌 Enforcing Your Patent:
- If someone copies your invention, you may need to file a lawsuit for infringement.
- You can license your patent to other companies for royalty payments.
🔗 USPTO Maintenance Fee Payment Portal: Pay Here
Final Thoughts
Filing a patent can be complex, but by following these 9 steps, you can secure legal protection for your invention. If you’re uncertain, consider consulting a patent attorney for expert guidance.
🔗 Find a Registered Patent Attorney: USPTO Patent Attorney Directory