3 Things You Need To Know About Patents

If you have an invention that you want to patent

, besides needing to know what a patent is, you would have find out how to go about filing for one. Many people think a patent is the same thing as a trademark or copyright. Though they may be similar in many ways, they have different functions. Here are three things you need to know about patents before you apply for one.

What is a Patent?

*A patent gives the inventor property rights over his or her invention. You have to apply for the patent in the country you live in. Most patents cover a period of 20 years, though this could vary from country to country. The time limit begins from the date the patent was filed.

*A patent gives the inventor the right to ensure that other people do not sell, distribute, use, replicate or produce that invention without permission. Once you receive your patent, it is your duty to make sure that the patent is implemented.

*There are two types of patent applications. Provisional applications only need a description of the article that is to be patented. Non-provisional applications require a full description and drawings of the invention, claims and oaths. Provisional applications are only valid for a year after which you will need to file a non-provisional application.

Types of Patents

*There are three types of patents - utility, design and plant patents. Utility patents, which can be provisional or non-provisional, are for inventions like machines, a composition of matter, an item of manufacture, or an invention that is an improvement on any of the above.

*Design patents are for original designs for an item of manufacture. For example, a helmet or athletic shoes. A design patent protects the design and look of the item.

*Plant patents are given to those who invent, discover or asexually breed a distinct and new variety of plant. This could be a new kind of seed, flower, vegetable or hybrids and mutants of these plants.

Patent Laws

*Patent laws are specific rules that cover all provisions connected to patents. These laws include the scrutiny of applications, distribution and publishing of patent information, and making the official records and copies public.

The process for the granting of patents, the level of exclusivity and the requirements placed on you as the inventor and applicant differs from country to country. In general, however, an application needs to include claims describing the invention which has to be novel, original and non-obvious.

by: Kevin Wolfe

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