Protecting Your Invention: Patents

What is a patent?

If you have ever seen the show, Shark Tank, then perhaps you have heard the term, “patent” before. Often times, people will refer to an invention as being “patent pending” which means, simply, that they are currently in the process of trying to obtain a patent. But what exactly is a patent you may ask? A patent, specifically a U.S. patent, is the exclusive right to an invention. In other words, an individual or an entity who owns a patent may prevent others from making, using, or selling the invention to which the patent protects; essentially creating a legal monopoly in order to recover the cost of research and development.

Types of Patents

Although there are many different types of applications and proceedings that one can partake in to obtain a patent, there are only three types of patents that applicants may obtain, utility patents (the most common type and usually what people are referring to when they speak of patents), design patents, and plant patents.

Photo by insung yoon on Unsplash

Utility patents protect inventions that have functionality or, as the name suggests, “utility.” On the other hand, design patents cover the ornamental design of an invention rather than the way that the invention works. The tech giant, Apple, obtained utility patents for the functional components that created the iPod, as well as a design patent for the appearance of the iPod including the ornamental design of its signature circular button.

Plant patents, as the name implies, cover new varieties of plants. Although new plants may be patented, this excludes plants that may only be reproduced sexually and tuber-propagated plants such as potatoes and Jerusalem artichokes.

What can be patented?

There are many types of intellectual property and equally as many ways to protect them, however there are only four categories that qualify for patent protection under 35 U.S.C. 101, which consist novel and useful processes, machines, manufactures, or compositions of matter that were made by human ingenuity, creativity, and innovation.

What cannot be patented?

Now that we have a brief understanding of what sorts of inventions can be patented, it is important to understand what cannot be patented as well.

Natural phenomena, laws of nature, and abstract ideas are all examples of ineligible subject matter and there is a very important reason for why. When the founding fathers of the United States drafted the Constitution, they wanted to ensure that people did not obtain patents to hold monopolies over important resources or trade routes much like what they saw in Europe, but rather to promote innovation. Logically speaking, if any one of these three categories where patented, it would halt innovation as these make up the fundamental building blocks of every invention that could ever exist.

Can you imagine if Isaac Newton was able to patent his laws of motion, gravity, or calculus?

How do I get a patent?

As previously mentioned, there are many different applications and procedures that one may go through in order to obtain a patent, but obtaining a patent boils down to this; Submit an application with the U.S. Patent and Trademark Office (USPTO), after (most likely) many amendments, the examiner will send you a Notice of Allowance indicating that your invention is patentable, then you will pay the issue fee, and once your patent publishes, it will now be enforceable to you or whoever owns the patent.

As easy as it sounds, that was an overly simplified summary of the process, and in reality, from the time you file the application until you pay the issue fee, there will be a lot of time and money spent, as well as many hurdles, technical requirements, and time constraints that if improperly handled, could result in a rending your invention ineligible for patenting. The safest way to ensure that you protect the full scope of your invention is to hire a registered agent or attorney who specializes in patent prosecution.

For more information regarding patent prosecution and patentability searches, please feel free to contact me at mgeorgia@ipcleveland.com with any questions you have.

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