Patent basics

• A patent is a form of intellectual property similar to a copyright or trademark, designed to protect the rights of inventors. It is a specialized grant of property right that provides legal protection to the holder, and allows the holder "the right to exclude others from making, using, offering for sale, or selling" of the patented invention.
  
  

What can be patented

• Patents may be obtained for more than mechanical inventions. Invention or discovery of manufacturing processes, new materials, or manufacturing equipment can apply for a Utility Patent. New and original designs may be granted a Design Patent. The creation or discovery of a new plant variety may be granted a Plant Patent. You can even patent uniquely created chemical compounds and DNA sequences.
  
  

Applying for a Patent

• The application for a patent requires a good deal of preparation, and many inventors will benefit from the assistance of a patent attorney. Because the process of securing a patent requires meeting specific legal requirements, you may wish to contact an attorney early in the preparation stages. Many inventors will do the preparatory work themselves, which may save money in legal fees.
  
  As part of any patent application, the following information will need to be produced:
  1. An abstract briefly describing the invention.
  2. Drawings depicting the invented mechanism, and brief descriptions of each.
  3. A description of the invention, its uses, unique features, and how it functions.
  4. Specifications detailing the manufacture, assembly, and use of the invention.
  5. Claims defining the invention, specifying what is claimed under the patent. This portion of the patent is essential in providing adequate legal protection to the inventor, and should be written with the assistance of a patent attorney.
  
  The U.S. Patent and Trademark Office does charge fees for patent applications, and to maintain a filed patent every few years. These fees are nonrefundable, and range in the hundreds of dollars. These fees may be reduced if you qualify as a "Small Entity." Consult with your patent attorney to find out more.
  
  

Patent Attorneys

• When filing a patent application, it is essential that the inventor have the application reviewed by an attorney experienced in patent law. The legal complexity is such that many inventors, applying without legal counsel, have had their inventions appropriated by others by use of loopholes and legal technicalities. Don't diminish the legal protection afforded by a well-crafted patent application by attempting to do this yourself.
  
  Reputable patent attorneys may be found through the U.S. Patent and Trademark office, or referred by your local Bar Association. In addition to being knowledgeable about patent law, they need to be registered with the U.S. Patent and Trademark Office before they may assist you in filing for a patent. A patent attorney will also be helpful should the need ever arise to license your invention, draft a contract regarding its use, or pursue litigation in the event someone infringes on your patent.