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What is a patent?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. Patents, which convey to the owner exclusive rights to the claimed invention, are granted to inventors who file an application with the United States Patent and Trademark Office (USPTO). Patents provide protection for new discoveries and inventions that are useful, novel, or non-obvious.

There are three types of patents available in the United States:

(1) A utility patent, which covers the functional aspects of products and processes​

(2) A design patent, which covers the ornamental design of useful objects; and

(3) A plant patent, which covers a new variety of living plant.

Each confers “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.

While there is no legal requirement to engage a patent lawyer to obtain a patent, the preparation of a patent application and the conducting of the proceedings in the United States Patent and Trademark Office (USPTO) is an undertaking requiring the knowledge of patent law, rules, and Office practice and procedures, as well as knowledge of the scientific or technical matters involved in the particular invention.

Before making any commercial disclosure of an invention, David Intellectual Property Law recommends that you consult a patent attorney. Failure to take appropriate action at an early stage may jeopardize the validity of any subsequently awarded patent rights.

For more information regarding patent preparation and prosecution, please contact David Intellectual Property Law to schedule a consultation.