What Can You Patent?

• A patent is a grant to inventors from the U.S. government that permits them to exclude other people from making, using or selling an identical (or markedly similar) invention for a set period of time. The U.S. Patent & Trademark Office issues three types of patents: utility patents, plant patents and design patents. Utility patents are the most common type of patent that inventors receive for a new tool, machine, article of manufacture, or process (or an improvement of one that is currently in existence). In addition to falling under one of these three categories, the invention must be novel, useful and nonobvious to those of ordinary skill in the field.
  
  

Patent Search

• Before you decide to patent your new invention, first conduct a novelty or infringement search. This will help you make sure that there is no other invention like yours that has already received a patent--if there is, the PTO will reject your application. Because the search process is extremely intricate, inventors typically seek the services of a professional search firm or patent attorney. While this may seem like an unnecessary procedure, it is considered part of the patenting protocol; if you attempt to patent an invention that's already been patented, you could be held liable for infringement because you failed to show a "duty of care" to the other inventor.
  
  

Preparing the Application

• Unlike an application for a copyright or trademark, an application for a patent is drafted by a patent agent or patent attorney hired by an inventor. The PTO establishes the format of this application, which is comprised of a specification and an oath. The oath is the part of the application where the inventor swears that he is believes himself to be the first inventor of his creation. The specification contains the pertinent data that the PTO reviews before deciding if the application passes muster. The most critical parts of the specification are the claims, which define the scope of the invention. Claims must be drafted in very precise legal language so that it is clear how to make and use the invention (see Resources).
  
  

Patent Fees

• Filing a patent application for inventions is not inexpensive; the filing fee for a utility patent alone is $330 (for the 2009 fiscal year), excluding the requisite search and examination fees imposed by the PTO, your patent search fee, and the fee you pay your attorney or agent to prosecute your application. If you wish to apply a trademark to your invention, there is a fee for that as well ($325 if filed electronically). Additional maintenance fees for utility patents are due at the 3.5, 7.5 and 11.5 year interval marks, otherwise, the patent will expire. Maintenance fees are $980, $2480 and $4110, respectively.
  
  

Your Right as a Patent Holder

• If the processing of patenting seems unduly tedious and expensive, that's because the right conferred on a patent holder by law is quite powerful. For the duration of your patent's life--20 years for a utility or plant patent and 14 for a design patent--only you can make, use, market, and sell your invention. If you create a desirable thing or process, such as a new type of technology or pharmaceutical, this gives your invention unique value in the marketplace.