What is a patent? Understanding the patent meaning

A patent is a legal way to claim ownership over something you’ve invented or improved upon. Whether it’s a clever gadget, groundbreaking technology, a novel technique or procedure, or a unique design, they protect your invention from being copied while giving you the credit (and potential profits) you deserve. So, what are the different types of patents and how do you get one? Keep reading to learn the patent definition, learn what you need to know about the application process, and where to go for help.

Patent definition: What are patents at a high level?

A patent is a legal document that grants an inventor intellectual property rights. They don’t always guarantee that inventors will have the right to sell their inventions. But they prevent others from manufacturing, importing, or selling the same invention for a period – typically 20 years. Some inventions that have been patented are the lightbulb, telephone, Apple iPhone, Michael Jackon’s Anti-Gravity Shoes, Hass avocados, and even the Rubik’s Cube. As you can see, you can patent a range of inventions, ideas, and designs.

The United States Patent and Trademark Office (USPTO), part of the Department of Commerce, handles examination of patent applications. They are the body which grants approvals or rejects applications. A U.S. patent is only valid in the United States and U.S. territories. If you’re looking for protection outside of the U.S., research intellectual property rights in the specific country in which you’re wanting coverage.

Types of patents

There are three types of U.S. patents:

• Utility
• Design
• Plant

Additionally, there are two categories of applications:

• Provisional applications
• Non-provisional applications. 

There are several potential statuses for every application:

• Pending >> The inventor has begun the application process but has not yet passed examination.
• Granted >> The patent has passed examination and is currently enforceable
• Abandoned >> The inventor has not successfully completed the examination process and the time to do so has passed
• Expired >> The patent was previously granted but the term has ended

Let’s dive a little deeper into each type of protection available.

Utility patent

This protects an invention or discovery of a new process, machine, article of manufacture, or composition of matter. This can be applied to improvements on existing products or processes. Utility patents are typically what people first think of and are the most common types issued in the United States. Examples include the iPhone, an artificial heart valve, or an electric razor.

Design patent

This protects a new, original, and ornamental design for a manufactured good. Put simply, they protect the design or look of something, rather than its function. This type of patent requires only that the design is original. Some examples are the original Coca-Cola bottle, the Statue of Liberty, and the Lego Man.

Plant patent

This is granted when a new kind of plant that is capable of asexual reproduction is produced, discovered, or invented. The patent protects the owner’s right to prevent others from reproducing the plant and from using or selling the plant or any of its parts throughout the country. Examples include the Honeycrisp apple and the Eureka Lemon.

Related: Provisional patents

A provisional patent application is a helpful first step for inventors looking to protect their ideas. Despite sometimes being called a “provisional patent” or “the fourth patent”, it’s important to know that this isn’t technically a patent at all. Instead, it’s a temporary application filed with the USPTO for utility and plant inventions. Note that design inventions aren’t eligible to hold provisional applications.

This type of application is popular because it’s low cost and requires fewer formalities. It is more accessible for inventors who are still developing their ideas. It allows them to secure an early filing date, which can be crucial if someone else is working on a similar invention. Think of it as planting a flag that says, “I was here first!”

One of the standout advantages of filing a provisional application is that it allows inventors to immediately use the phrase “patent pending”, which can be a powerful way to signal that their invention is in the process of being protected. However, it’s important to remember that a provisional application doesn’t itself result in a patent. A follow-up nonprovisional application is what actually gets examined and may eventually be granted. If you don’t file the nonprovisional application in time, the provisional one is automatically abandoned after twelve months. Provisional applications only give the inventor a year to complete and file for a full patent.

How long do patents last?

Most U.S. patents are valid for 20 years from the date the application was filed with the USPTO. But there are some circumstances that will extend the term.

Generally:

• Utility and plant: last for 20 years from the filing date
• Design: last for 15 years if filed on or after May 13, 2015, or 14 years if filed before May 13, 2015.

How to get a patent

How do you apply for a patent? It can be a lengthy and expensive process. Here are the basic steps:

1. Are you really the first? Before you begin filing, it can be wise to search the USPTO database. You need to ensure another person, institution, or company doesn’t already hold a patent for a similar invention. Note that if you learn of any relevant prior inventions, you will be required to list them using an Information Disclosure Statement (IDS) sent to the USPTO alongside your application.
2. Write it down and track it! It is critical to keep detailed notes and extensive information about your invention. You’ll need to accurately document all aspects of it when applying for a patent. There is no opportunity to add additional details to the specifications of your invention after filing, so be as thorough as possible.  
3. Collection your documentation. When you’re ready to make a move, gather your written documentation of the invention. This means every drawing, description, claim, and detail you can get your hands on.
4. Time to apply! File a patent application on behalf of yourself and/or your co-inventors.
   • You may choose to hire a patent attorney or registered patent agent to assist you with your filing. Patent applications can be complicated and require both legal and technical expertise.
   • If you are unable to file with an attorney, consider using at least a patent template to guide you. The specific application checklists for each type of patent are available on the USPTO website.
   • To apply for a patent in the U.S., a formal oath or declaration that confirms the authenticity of the invention or improvement upon an existing invention must be signed and submitted by the inventor.
   • You may apply for a patent online through the USPTO’s electronic filing system or by mail. Filing online will save you time and money.
5. Application payment and review. After you submit your application fee (more on that below), your application will go into review. Then you’ll need to wait – likely for a good long while. Standard review can take upwards of 36 months. Even applications that qualify to be expediated for an additional fee can take up to a year to process and review.

How much do patents cost?

The cost of filing and maintaining a patent depends on a few factors. But you should expect to pay at least a few thousand dollars. More complex applications can even cost tens of thousands. A few common fees you may come across are:

• Basic filing fees
• Large application fees
• Maintenance fees
• Attorney fees
• Translation fees
• Search fees
• Examination fees
• Nonelectronic filing fees

You can review a current schedule of related fees on the USPTO website. Your application and attorney’s fees may also count for tax deductions – talk with your tax pro to determine what costs you may be able to write off!

Why might a patent be rejected?

If your patent is not allowed, you will receive an Office Action. This will include at least one reason for rejection. If rejected, you’ll be given one to six months to respond. Then a second, final notice will be issued. If your application is still rejected, you can choose to file an appeal.

Common reasons patent applications might be rejected include:

• Restriction: Restriction means that your application contains more than one invention. If rejected for this reason, you’ll need to choose which invention you want to move forward with and file the other(s) separately.
• Obviousness: Obviousness is more of a subjective reason for denial, but typically means that an invention can’t be patented if it’s obvious to the general public or to experts.
• Non-patentable: Non-patentable inventions fall outside the scope of patent protection. This rejection essentially means that your invention does not meet the legal requirements for exclusive rights. Non-patentable things often include abstract ideas, natural phenomena, or laws of nature.
• Prior art: A prior art rejection can mean that a patent has already been filed for your invention or that the invention has already been published in a journal or other reference.

What is patent infringement?

Patent infringement occurs when an unauthorized individual or institution makes, uses, or sells any patented invention within the U.S.. As the patent owner, you can sue in federal court to stop the infringement and seek damages and royalties. Remember that a U.S. patent only protects you within the country. It does not offer international protection for your invention.

Patent vs. copyright vs. trademark

Understanding the types of intellectual property rights can be tricky. So let’s dissect the differences between a patent vs. trademark and patent vs. copyright.

• A patent protects novel and useful inventions, designs, plants, or processes.
• A trademark protects brand identifiers, like logos, slogans, or names that distinguish a company’s products or services.
  • Examples: the Nike swoosh, the McDonald’s golden arches, KFC’s “It’s Finger Lickin’ Good” slogan, etc.
• A copyright protects an original creative work of authorship,
  • Examples: literature, music, art, software, etc.

A single work may have aspects that be patented, trademarked, or copyrighted at the same time. However, the scope of each form of intellectual property is distinct and non-overlapping. For example, a portable road sign may be recognizable due to a pair of springs at its base thus be associate with the company that produces it. Since the springs function to prevent the sign from falling over in the wind, that aspect would fall under the patent system rather than a trademark.  Similarly, an instruction manual for building a radio may have a copyright, but the copyright only covers the words on the page, not the radio it instructs a consumer how to make.

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Frequently Asked Questions

Q: What is a patent and how long does it last?
A: A patent is a legal document from the USPTO that grants inventors exclusive rights to prevent others from making, using, or selling their invention. Utility and plant patents last 20 years from the filing date, while design patents last 15 years if filed on or after May 13, 2015 (or 14 years if filed before that date).

Q: What are the three types of patents in the United States?
A: The three types are: (1) utility patents, which protect new processes, machines, or compositions of matter like the iPhone or electric razors; (2) design patents, which protect ornamental designs like the Coca-Cola bottle or Lego Man; and (3) plant patents, which protect new asexually reproducible plants like the Honeycrisp apple or Eureka Lemon

Q: How much does it cost to get a patent?
A: Patent costs vary widely but expect to pay at least a few thousand dollars. Complex applications can be even more expensive. Common fees include basic filing fees, large application fees, maintenance fees, attorney fees, examination fees, search fees, and nonelectronic filing fees. Some costs may qualify as business tax deductions.

Q: What is a provisional patent application?
A: A provisional patent application is a temporary filing that allows inventors to secure an early filing date and immediately use “patent pending” status. It’s available for utility and plant inventions but not design. It requires fewer formalities than regular applications but automatically expires after 12 months if not followed by a nonprovisional application.

Q: What’s the difference between a patent, trademark, and copyright?
A: A patent protects novel inventions, designs, or processes. A trademark protects brand identifiers like logos, slogans, or names (e.g., Nike swoosh, McDonald’s golden arches). A copyright protects original creative works like literature, music, art, or software. Each form of intellectual property is distinct and non-overlapping in scope, however sometimes things possess more than one of these types of protection.

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This article is for informational purposes only and should not be construed as legal advice. You may want to seek the advice of an attorney to evaluate all relevant considerations.