What is a patent?

A United States patent is a grant of a property right by the U.S. Government to the inventor to "exclude others from making, using, offering to sell, or selling the invention." Patents may last for a term of 20 years from filing (14 years from issuance for design patents). After expiration, the patent rights become public domain.

What may I patent?

Inventors may obtain patent protection on new and useful inventions or discoveries of articles of manufacture, processes, and compositions of matter. This includes software, business methods, and genomes, for example. Patents are also available for plants and designs. The invention or discovery must be novel and not obvious to one of ordinary skill in the art to which it pertains. The definition of "obvious" in patent law is different from the ordinary meaning. Just because the invention is easy for you to understand does not necessarily make it "obvious" under the patent laws.

What should I do if I think I have an idea that could become a patentable invention?

1. Maintain the confidentiality of the idea. Do not disclose it to others unless they are under a legally enforceable obligation of confidentiality. An attorney licensed in your state can help you with a confidentiality agreement or nondisclosure agreement for other persons, such as investors or engineers, that you may wish to bring in to your confidence. Such agreements are contracts, and may be enforced under state contract law. An attorney from whom you seek legal advice normally has an obligation of confidentiality arising from the attorney/client relationship.

2. Consult with a registered patent attorney or registered patent agent.

How do I obtain patent rights?

You must file a patent application with the patent office having jurisdiction where you live, and prosecute that application to allowance. (Patent "prosecution" is just the process of presenting arguments before the patent office to persuade the patent office to allow the patent application and issue a patent.) If you are an American citizen living and inventing in the US, your patent office is normally the United States Patent and Trademark Office. Most countries that recognize patent rights have patent offices. Citizens of those countries should consult a local patent attorney as to their best filing options. The language of patent applications has become unique and specialized owing, in part, to the sum of all court decisions regarding the interpretation of language in patents. For that reason, the writing of patent applications is best left to a registered patent attorney or registered patent agent.

What is accelerated examination?

Accelerated examination is available by petition and, if the petition is accepted, provides you with a decision on allowability of your patent within one year. The petition is expensive, as it requires the patent attorney (me) to perform the domestic, international, and Non-Patent-Literature searches, find the most relevant art for each aspect of the claimed invention, and write arguments as to the patentability of the claimed invention over the prior art found in the search. Essentially, I do the examiner's initial job,write up proof that I did it, and do the equivalent of the first office action to file with the petition.

Who should use accelerated examination?

Accelerated examination can potentially give you 2-3 years of additional enforceablility at the front end of product life. For products with short life spans, electronics patents (typical 4-year wait to get resolution without accelerated examination), and products in litigious business environments, accelerated examinaiton is recommended.

What may I do with patent rights?

The inventor may sell or license all or any delimited part of the patent rights to another person or company. The inventor may prevent others from making, using, offering for sale, or selling the patented invention.