A patent is a special property right granted by the United States government. An inventor who obtains a patent has the exclusive right to make the product that is the invention. Sometimes this is called a "legal monopoly"since the laws of the United States help the owner of the invention to enforce his/her rights, however, the rights that are granted to the inventor do have some strings attached. For one, the inventor has to teach (through the patent document itself) others how to make or use the invention. Another limitation is the duration of patent rights which lasts for 14 to 20 years depending on circumstances. Typically the rights granted under the patent laws are very important to the commercialization of the invention and most inventors seek patent protection for innovations.

What types of inventions can be covered by a patent?

A surprising number of things can be covered under a patent. Mechanical inventions (like the Wright Brothers "flying machine"), chemical inventions, certain kinds of plants, methods and processes for making things, software routines, and even the DNA in some animals can all be protected. Virtually any new concept that a person can create might be eligible for patent protection; so long as it performs a function and it would not otherwise be obvious.

What is a Utility Patent?

The typical patent, the one that covers things like "flying machines" or a new use for a laser, or even an office chair that is more comfortable than other office chairs, is called a Utility Patent and is usually the most effective way to protect your invention. Utility Patents are granted for "articles of commerce" or methods for making an article of commerce if they possess the three qualities of an invention. These are Novelty, Utility and Non-obviousness. Patents can be granted for new and useful machines, manufactured products, compositions of matter or chemistry, methods or processes, or for improvements in any of these.

Most patents that are granted are Utility Patents.

What is a Design Patent?

Design Patents are patents that cover the ornamental appearance of a product. The shape of a bottle for holding a spray cleaner may be covered by a design patent, as could the appearance of a new sports car. In a market where the appearance of a product is a key selling point, then a Design Patent is something to consider.

Can a Plant be covered by a Patent?

Plant Patents are available for certain types of plants that can be asexually reproduced. Many types of flowers, fruits, and trees might be covered by a Plant Patent and if you wander the produce section in your local grocery store, you may easily pick up a "Gala" brand apple which is one example of a patented plant. Sexually reproduced plants are also allowed protection under the Plant Variety Protection Act.

How long is a Patent good for?

Utility Patents and Plant Patents are given for 20 years from the date of filing. Design Patents are good for 14 years from the date they are granted.

I heard that a person could get a Provisional Patent, is this different?

Provisional Patent Applications are a special type of application for a Patent that allow a person to get their invention on record with the U.S. Patent Office but it doesn't get reviewed by the U.S. Patent Office until it is converted to a nonprovisional or regular patent application. A person filing a Provisional Patent Application has 12 months to file the regular patent application. The advantages to a Provisional Patent Application include the right to claim "Patent Pending" on your product, and it also provides evidence that the invention described has been claimed by you at least as early as the filing date. The downside is that a person loses up to one year of their potential 20-year patent term that they would have had following the regular procedure. Provisional Patent Applications are far less expensive than regular applications since the requirements for submission are less and the filing fee is $150.00. As indicated though, Provisional Patent Applications are only good for 12 months and may not be extended. If not converted to a regular application prior to the end of the 12-month period, the rights to the invention are lost.

What does it cost to obtain a Patent?

The filing fee for a Utility Patent is $500, a Design Patent fee is $215 and the fee for a Plant Patent is $330 (as pf December 8. 2004).. These fees are based on individual inventors and not for the benefit of a large corporation, where the fees may be different. Additional fees are incurred throughout the patenting process such as "issue fees" and possibly "publication fees." These are fees that are collected by the U.S. Patent Office.

An attorney also collects a preparation fee for putting together the patent application. Harrington Law Offices typically charge an hourly fee for this service although in some cases a flat rate may be offered. The costs for our services to clients range from $1,200 to $3,500 depending on the type of invention the client has and the degree of work involved in drafting the patent application. The average fee is $2,000 to $2,200. Additional attorney work may be required for responses to the U.S. Patent Office.

What happens if my patent application is rejected by the U.S. Patent Office?

First, don't worry. Most applications are initially rejected by the Patent Examiner. This is the person who has been assigned to review your Patent and will be very critical in allowing your patent rights to be granted. The Patent Examiner represents the United States and the intent is to allow the inventor the precise amount of rights that should be granted. As a result, your patent application will be tested against past inventions and on the information it discloses about your invention in order to come up with a set of Patent Claims that fairly cover your concept. Harrington Law Offices will represent your interests in this process and will seek to have the broadest Patent Claims granted as may be possible.