What is a Patent?

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office.  The United States Patent and Trademark Office (USPTO or Patent Office) is the government agency responsible for examining patent applications and issuing patents.  A patent gives the patent holder the right, for a limited time, to exclude others from making, using, offering to sell, selling, or importing into the United States the subject matter that is within the scope of protection granted by the patent.

Types of Patents

There are three types of patents -- utility, design, and plant.  There are also two types of utility and plant patent applications -- provisional and nonprovisional.  Each year the USPTO receives approximately 350,000 patent applications.  Most of these are for nonprovisional utility patents.

The USPTO determines whether a patent should be granted in a particular case.  However, it is up to the patent holder to enforce his or her own rights if the USPTO does grant a patent.  A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit.  Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area.  For additional information on patents, you may visit the USPTO Web site at www.uspto.gov/main/patents.htm.