Protect Your Invention by Applying for a Patent

In today’s complex world, every business owner should have a basic understanding of patents. Without this knowledge, you can’t protect your company’s inventions or defend yourself against lawsuits from other businesses.

Exclusive rights begin once a patent is granted and they expire 20 years after the application was filed. Most patents are owned by companies, inventors and universities. IBM, Canon and Samsung Electronics are among the largest patent holders in the U.S. If your company is granted a patent, it is only good in the United States. Americans can apply for patents individually from foreign countries but it’s a complex process.

Applying for a patent involves more than just filling out a simple form. The application form is a legal document, which must be accompanied by the description and drawings of the invention.

It can be an expensive process, but there might be a cheaper alternative for your company. Since 1995, the Patent & Trademark Office has offered inventors the option of filing a “provisional application” for a patent. With this lower-cost option, there are fewer requirements.

The provisional application provides the means to establish an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention. (However, these applications can’t be filed for ornamental designs.)

What can be patented?

The list includes machines, manufactured products, chemicals, computers, and applied technology. You can’t patent scientific principles and naturally occurring materials. Under U.S. law, there are three different patent types:

1. A utility patent on the functional or structural aspects of an apparatus, composition of matter, method or process.
2. A design patent on the ornamental design of useful objects.
3. A plant patent on a new variety of living plant.

Contrary to popular belief, patents don’t protect ideas. Rather, they protect the structures and methods that apply technological concepts. In return for receiving the right to exclude others, the inventor must relinquish the secrecy of the invention and fully disclose to the public the best mode of making and using the invention.