What Is a Patent? 3 Criteria for Obtaining a Patent

A patent is an exclusive right given to the owner of intellectual property that legally allows them to decide who may or may not use their invention. Intellectual property comes in many forms, but patents are designed to protect inventions. To obtain a patent, you have to file an application that describes the invention in a public disclosure at a national patent office.

A patent grants the patent owner the right to determine how an invention is commercially made, sold, used, and distributed, which may result in financial reward for the invention. Patents also offer protection to the patent owner for a limited period—usually 20 years—after which the invention enters the public domain and can be used by anyone. Patent rights only apply to the country in which the patent was filed, and a universal "world patent" or "international patent" does not currently exist.

A patent supports innovation and creativity by encouraging entrepreneurs and businesses to develop new knowledge and technologies, which, in turn, stimulates the growth of new and existing businesses. There are four types of patents that apply to different kinds of inventions:

1. 1. Design patent: A design patent provides patent protection for an ornamental design on an object, such as furniture, jewelry, clothing, and even computer icons. A design patent can prevent objects with substantially similar designs to the patented object from being made, used, or sold without the patent owner’s permission.
2. 2. Plant patent: A plant patent protects the intellectual property rights of the unique elements of a new plant created by cutting, grafting, or other non-sexual methods. Most plant patents don't cover genetically modified plants.
3. 3. Provisional patent: A provisional patent isn't an actual patent but an application that serves as a placeholder of sorts for an inventor. This type of patent proves that the inventor owns the item and secures a future filing date for a formal patent (within a year). Once a provisional patent is filed, the invention is considered patent pending. However, if a formal patent isn't filed within the time frame, the inventor will lose that filing date.
4. 4. Utility patent: A utility patent is another term for a standard patent for an invention. It grants the patent owner the exclusive rights to exclude others from making, selling, or using their invention.

According to United States patent law, a patentable invention falls under one of four categories: a machine, like a computer or an appliance; a process or method, which is a way of making something; an article of manufacture, which is new material created by combining other materials; or composition of matter, which is a chemical combination that creates new material.

A patent grants the intellectual property rights for an invention to the patent applicant. Intellectual property rights include trade secrets, like special ingredients or software; trademarks, which are words or symbols that identify a product; and copyrights, which establish authorship of art, architecture, or software.

Inventors must meet several criteria to determine if an invention is patentable. Four of the most important criteria are:

1. 1. The invention must be novel: Your invention, or an element of your invention, has to be new and different than any other invention, including ones that are already patented, on sale, or in the public domain. These inventions are referred to as prior art. You can conduct a patent search through the United States Patent and Trademark Office (USPTO) or an online search engine to ensure that your invention is unique.
2. 2. The invention must be non-obvious: Non-obviousness is one of the main criteria of patentability. Your invention needs to be (or include) an element that a person working in that field could not figure out independently. For example, it may be difficult to patent a machine that mixes paint colors since people working in that industry generally understand how to perform this task.
3. 3. The invention should be patentable: Patentable inventions include machines, processes, articles of manufacture, and composition of matter. Non-patentable subject matter includes theories or methods, natural processes, like plants growing from sunlight and soil, or anything that a person can accomplish just by using their body: for example, running, stretching, and jumping.
4. 4. The invention must be practical: Your innovation has to have some kind of practical use as an industrial application, which means that it's a tangible object or a process that an industry or business can use.

There are a few steps required to file a patent, including:

• File your patent application. Once you’ve determined the patentability of your invention, file a patent application with the USPTO through one of its national or regional patent offices. If you want to apply for international patent protection, each country has different rules regarding the patenting process. The European Patent Convention and Patent Cooperation Treaty (PCT) require you to file patent applications and pay fees in each separate country where you want patent protection. Each country also has its own patent requirements, so consider searching national and regional intellectual property offices for those countries before filing your application.
• Describe your invention. You’ll be required to submit a description of the invention and how it applies to a technical field in clear and easy-to-understand language and include any documents or illustrations that support those descriptions. A patent agent or patent attorney can help with any questions you might have regarding the patent system, but you aren’t required to have one to file a patent.
• Pay the required fees. Patents can be pricey. You may need to pay the U.S. Patent and Trademark Office between $10,000 and $25,000 to obtain a patent, along with any filing and maintenance fees. You can also file a provisional patent, which will give you a year to raise those funds for the formal application. In either case, you should expect to wait between 18 and 24 months for a patent examiner to review your application and grant your patent.

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