US Patent Applications

A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.

An invention cannot be patented unless the invention is:

• new
• useful, and
• unobvious

There are different types of US patents:

• Utility patents protect the way an article or process is used and works
• Design patents protect the way an article looks
• Plant patents protect asexually reproduced plants

Both utility and design patents may be obtained on an article/product, where appropriate.

Patent Coverage
USA. For protection outside of USA see Worldwide Patents & Designs.

Typically between 1 and 4 years.

U.S. utility and plant patents are granted for 20 years from the date the patent application is filed.
Design patents are granted for 14 years.

Almost every country has its own patent law and the rights granted by a U.S. patent do not apply outside of U.S. jurisdiction. To protect your invention in other countries you’ll have to apply for a patent in each of those countries or in regional patent offices such as the European Patent Office. The process can be simplified by filing an international application under the Patent Cooperation Treaty.

1. Enforcement value aside, there is significant defensive value in the patents since they can stop a competitor patenting your technology later.
2. Patents may help deter competitors from enforcing their patents against you.
3. “Patent pending” and patented technology may deter some competitor startups from pursuing the technology themselves.
4. Patents may help startups raise capital.
5. As an intangible asset on the balance sheet, they can increase company valuations.