What is a Patent and What Does it Protect?
What is a Patent?
A patent is a form of intellectual property that gives an inventor the right to exclude others from making, using, offering for sale, selling, or importing an invention—for a limited time. The three types of patents recognized by the United States Patent and trademark Office (USPTO) are (1) utility patents, (2) Design patents, and (3) Plant patents, all covering different types of inventive assets.
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The policy behind U.S. patent law is in incentivizing innovation. By allowing those who labor over new and useful inventions to exclusively reap the benefits for a limited time, patent law ensures such inventors continue to innovate. This right is, of course, limited in time so as to allow competition to enter the market and drive prices downward.
Unlike Trademarks and Copyrights, the intellectual property rights in inventions, secured with a patent, do not arise naturally and thus require a filing to be effective. With the passing of the America Invents Act, the U.S. uses a first to file 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.
Importantly, a patent does not grant the holder the right to do things with their invention, but rather, to exclude others from doing those things. Utility and plant patents have a term for up to 20 years from the date the first non-provisional application for patent was filed. A design patent is granted for a term of 15 years from the date of grant.
What can be Patented?
Utility patents are for inventing a new or improved and useful process, machine, article of manufacture, or composition of matter. Examples of these include engines, computers, brooms, business processes, software, pharmaceuticals, etc. When you think of a patent for a typical invention, you are thinking about a utility patent.
Design patents are for inventing a new, original, and ornamental design for an article of manufacture. Examples of design patents include ornamental designs on cars, jewelry, or furniture, and even packaging, fonts, and emojis. One famous design patent is in the original Coca-Cola bottle. Given their aesthetic nature, design patents can be easily confused with copyrights. A copyright generally protects any original work of authorship that has been fixed in a tangible medium of expression. The main distinction between these and design patents is that copyrights do not protect useful articles, therefore, if the ornamental design is inseparable from the useful article, a design patent would be appropriate.
Finally, plant patents are for inventing or discovering and asexually reproducing any distinct and new variety of plant. Examples of plant patents include things like a new variety of almond tree or Japanese pear tree bearing more colorful and thicker fruit skin.
A patent owner seeking to protect the incredible value associated with their invention should be knowledgeable about the pitfalls of the patent application process and seek qualified counsel to aid.
For more information on patents and intellectual property in general, see our patent services and intellectual property 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.
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