What Does A Patent Protect?

A patent protects a new and useful invention by securing the right in the patent holder to exclude others from making, using, offering for sale, selling, or importing an invention—all for a limited time. Thus, a patent protects an inventor’s exclusive right to engage in these activities pertaining to their invention.

What types of inventions qualify for patent protection?

All inventions, regardless of their type, must meet 4 basic requirements to be patent eligible. These requirements are: (1) eligible subject matter, that the invention be of patentable subject matter, as provided by the Patent Act; (2) utility, that the invention be useful; (3) novelty, that the invention be new or novel; and (4) nonobviousness, that the invention not be obvious to a person having ordinary skill in the art (a “PHOSTA”).

There are, however, 3 main categories of patents, which each alter the analysis under these basic requirements, depending on which category an invention falls under. The three types of patents are: (1) utility patents, for inventing a new or improved and useful process, machine, article of manufacture, or composition of matter; (2) design patents, for inventing a new, original, and ornamental design for an article of manufacture; and (3) plant patents, for inventing or discovering and asexually reproducing any distinct and new variety of plant.

Why is it important to apply for a patent?

Unlike copyrights or trademarks, no rights are established upon the actual creation or use of an invention. Rather, only upon the granting of a patent application are any rights established in the invention. This is because the United States uses a first-to-file patent system, meaning that whoever files an application for a patent first (which is subsequently granted), regardless of who actually invented it first, is award the intellectual property rights in the invention. Therefore, to secure rights in your new and useful invention, prompt application for a patent is paramount.

What remedies to infringement does patent protection afford?

A typical remedy for any infringement is an injunction, which prevents the infringer from any further acts of infringement. Monetary damages, however, are available as well. The two main forms of patent infringement damages are reasonable royalties and lost profits. Reasonable royalties are the fair market value of any license that an infringer would have purchased from the patent owner, who would receive royalties for the use of the invention. Lost profits are the profits the patent owner would have made but for the defendant’s infringement of the patent. Treble damages and attorneys’ fees are also available in cases of willful infringement.

To protect the potentially great value, an inventor of a new and useful invention should be knowledgeable of the patent process and the protections a valid patent affords. Seeking qualified counsel to aid sin the application process ensures the best possibility of achieving a valid patent.

For more information on patents, see our patent services and practice pages.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

What Does a Patent Protect and Why Does It Matter?