1. What Can Be Patented?
- Utility patents protect new and useful products, machines, systems, processes, methods, chemical compositions, articles of manufacture, improvements to existing technology, and many software-implemented inventions.
- Design patents protect the new, original, and ornamental appearance of an article of manufacture rather than how it functions.
- Plant patents protect certain new varieties of asexually reproduced plants.
- A U.S. patent gives its owner the right to exclude others from making, using, offering for sale, selling, or importing the patented invention into the United States.
2. How Long Does a Patent Last?
- Utility patents expire 20 years from the earliest effective non-provisional filing date (subject to adjustments and maintenance requirements).
- Design patents last 15 years from the date of issuance.
- After a patent expires, the invention becomes available for public use.
3. File Early and Keep Your Invention Confidential
- The United States follows a first-to-file system.
- Although U.S. patent law provides a limited one-year grace period for certain inventor-originated disclosures, many foreign countries provide little or no grace period.
- The safest practice is to file first and disclose later. A disclosure includes public knowledge, public use, offer for sale, or sale.
- Consider using Non-Disclosure Agreements (NDAs) when discussing your invention.
4. Do Your Homework
Search for competitor products, issued patents, and published patent applications before filing (even though a search can never be perfect as patent applications are kept secret until at least 18 months after they have been filed).
5. There Are Several Ways to Become “Patent Pending”
You may establish “Patent Pending” status by filing: a Provisional Patent (Utility) Application; a Non-Provisional (Utility) Patent Application; a PCT (International) Patent (Utility) Application; and/or a Design Patent Application.
6. Make Sure You Own the Invention
If an invention is developed by employees, contractors, consultants, or business partners, make sure written agreements clearly establish ownership of the intellectual property. Do not assume your company automatically owns inventions created by others.
7. Be Careful Using Artificial Intelligence (AI)
Be cautious before entering confidential invention information into any AI platform. Depending upon the platform and its confidentiality protections, doing so may jeopardize U.S. or foreign patent rights. Under U.S. patent law, only a natural person may be an inventor.
8. Patents Take Time
Obtaining a patent is not immediate. The process often takes several years, depending on the technology, filing strategy, and patent office backlog.
9. Patent Rights Are Territorial
A U.S. patent protects your invention only within the United States. Protection in other countries requires filing separate patent applications, often within specific deadlines. If foreign patent protection may be important, evaluate your international filing strategy before publicly disclosing your invention.
10. Ask Questions Early
Good patent protection begins long before a patent application is filed. Decisions made during product development, marketing, public disclosure, and ownership can significantly affect your patent rights. If you have questions, ask before taking action.