Purpose

• A patent gives an inventor intellectual property right to an invention and prohibits any other party from making, using, or selling or importing it in the United States for a limited amount of time. The owner of a patent may sell it to another person or license a party to use it. Most other countries have similar patent systems in place to protect inventors. Through a treaty called the Paris Convention, an inventor may secure patents in more than one country.
  
  

Types

• There are three main types of patents: utility patents, design patents, and plant patents.
  
  Utility patents are granted for the invention or discovery of a new and useful process or machine, a new manufactured item, or a new composition of matter. Design patents are given for the invention of a new design for an article that is produced. The invention or discovery of and asexual reproduction of a distinct plant variety may be granted a plant patent.
  
  

Applying

• While you can apply for a patent yourself, using a patent agent or an attorney is a wise choice. Patent agents have years of experience and are quite skilled in wording the patent application. In addition, inventors often overlook aspects of their invention that patent agents or attorneys might recognize and bring to their attention. Patent agents and attorneys are also more likely to be diligent in following up with the patent office and keeping the application process running smoothly.
  
  

Cost

• The cost of filing a patent application can vary greatly depending on the applicant and the invention. Small entities, individuals and small businesses, receive discounts with most patent agents.
  
  The filing fee established by the U.S. Patent Office can range from $400 to $1,000 or more depending on the number of claims in the application.
  
  Patent agents might charge around $2,000 for their professional services for simple claims, and up to $10,000 or more for more complicated applications.
  
  

Considerations

• Plant and utility patents since 1995 last 20 years from the date the applicant filed for the patent, and design patents last 14 years.
  
  After an inventor files a patent application, he may label his products and marketing materials "patent pending."
  
  Patents give the owner only the ability to exclude others from making, using, or selling the invention. They do not give patent owners the right to make, use or sell the invention, as many people believe.