What Is a Patent?

A patent is an exclusive legal right granted by the government to an inventor, giving them sole control over the use, manufacturing, and selling of their invention for a specific period—usually 20 years from the filing date. This right is granted in exchange for publicly disclosing the invention, allowing others to learn from it and build upon it once the patent expires.

Patents are one of the most powerful forms of intellectual property (IP) protection, allowing creators to secure their innovations and prevent others from unfairly capitalizing on their ideas. For entrepreneurs and innovators, understanding patents is essential, not only to safeguard inventions but also to add value to their business and increase competitiveness in the market.

For further context on protecting business interests, read why your startup needs a lawyer.

Types of Patents

Patents fall into three broad categories, each serving a unique purpose based on the nature of the invention:

1. Utility Patents

Utility patents are the most common and widely used form of patent. They protect new and useful inventions or discoveries, including new processes, machines, devices, or compositions of matter. Essentially, a utility patent covers the functional aspects of an invention. Examples of inventions that can be protected by utility patents include:

• A new machine that performs a particular task.
• A chemical composition that creates a new product or material.
• A method or process that improves a certain function (e.g., a more efficient manufacturing process).

The scope of protection offered by a utility patent can extend to the specific way an invention works, how it’s made, or how it functions within an industrial or commercial context.

2. Design Patents

Design patents protect the ornamental design of a product rather than its function. A design patent is granted for the aesthetic appearance of an item—how it looks, its shape, surface ornamentation, or overall visual appearance. However, it does not cover the functionality of the item.

Examples of design patents include:

• The shape of a unique bottle or packaging.
• The design of a furniture piece.
• Decorative elements of a smartphone or other consumer electronics.

Design patents are typically granted for a period of 15 years from the grant date (in the U.S.), offering protection against copying the aesthetic aspects of the product.

3. Plant Patents

A plant patent protects new and distinct varieties of plants that have been asexually reproduced. Asexual reproduction refers to methods such as grafting, cutting, or rooting rather than using seeds.

These patents are generally granted to individuals who discover or create a new plant variety and can demonstrate that the plant is distinct from existing varieties.

Examples of plant patents include:

• New flower varieties.
• Fruit trees with unique characteristics, such as higher yield or disease resistance.
• Ornamental plants developed for landscaping purposes.

Plant patents also last for 20 years, similar to utility patents, but they are specific to horticultural innovations.

How to Obtain a Patent

The process of obtaining a patent can be lengthy and complex, but securing one is vital to protecting your intellectual property. Here’s a detailed step-by-step guide on how to obtain a patent:

1. Document Your Invention

Before applying for a patent, document every detail of your invention. This includes:

• Diagrams and drawings of how the invention works or looks.
• Development notes and prototypes.
• Dates of conception and development to establish when you first came up with the idea.

Thorough documentation is essential, as it provides a clear record of your work, which will support your patent application and establish the timeline for your invention.

2. Conduct a Patent Search

Before applying for a patent, it’s essential to determine if your invention is novel—meaning it hasn’t already been patented by someone else. This is done through a patent search.

You can search for existing patents using the United States Patent and Trademark Office (USPTO) database or global patent databases. While a patent attorney can help you perform a thorough search, you can also use the USPTO's online tools to get started.

Patent searches can help identify any potential conflicts, avoid wasting time and money on a patent that can’t be granted, and refine your idea to ensure it’s unique.

3. File a Patent Application

Once you've completed your patent search and are confident in the novelty of your invention, it’s time to submit a patent application. There are two main types of patent applications:

• Provisional Patent Application (PPA): This is a simpler, less expensive application that establishes a filing date and allows you to use the term “patent pending.” It gives you a year to file a formal patent application, but it does not grant patent rights on its own.
• Non-Provisional Patent Application: This is the full application that, when approved, grants you patent rights. It requires a detailed description of your invention, how it works, and why it’s new and useful.

The non-provisional patent application must include:

• A written description of the invention.
• Claims outlining what aspects of the invention are novel.
• Drawings or diagrams that illustrate the invention.

4. Work with a Patent Attorney

While it’s possible to file a patent application without professional help, it's highly recommended to work with a patent attorney. A qualified attorney will ensure that:

• Your application is filed correctly and completely.
• The claims you make are appropriately broad, protecting as much of your invention as possible.
• The application process is managed effectively to avoid delays or rejections.

A patent attorney’s expertise can increase your chances of success and reduce the likelihood of costly errors.

Patent Enforcement

Once you are granted a patent, you gain the exclusive right to use, make, sell, or license your invention. If someone infringes on your patent (i.e., makes, uses, or sells your invention without your permission), you have legal recourse.

Infringement Remedies:

• Monetary Damages: You can seek compensation for any financial losses caused by the infringement, including actual damages or statutory damages set by the court.
• Injunctions: A court can issue an injunction to stop the infringing activity, preventing the unauthorized party from continuing to use or sell the invention.
• Attorney's Fees: In some cases, the court may award attorney's fees to the prevailing party if the infringement is deemed willful or egregious.

Benefits of a Patent

Patents offer numerous benefits to businesses and innovators, including:

• Exclusive Commercial Rights: Patents provide exclusive control over the use of an invention, giving you a competitive advantage in the marketplace.
• Licensing Opportunities: You can license your patent to other businesses or entrepreneurs, earning royalties while maintaining ownership of your invention.
• Increased Business Valuation: Owning patents can increase the overall value of your business, making it more attractive to investors, potential buyers, or strategic partners.
• Legal Protection: Having a patent helps prevent competitors from copying your innovation, giving you peace of mind knowing that your intellectual property is legally protected.

Final Thoughts

Obtaining a patent is an essential step for entrepreneurs looking to protect their innovations and secure a competitive edge in the marketplace. By understanding the types of patents available, the steps involved in applying, and how to enforce your rights, you can effectively safeguard your intellectual property and maximize its value.

For further insights into protecting your business and assets, be sure to explore how to resolve a business dispute.