US Patent

US patent grants the inventor four basic rights on the invention:

1.) make
2.) use
3.) sell
4.) offer to sell

The patent could be for up to 20 years depending on the type of US patent applied for.
US patent has four distinct general types:

(1) Utility patents, usually referred to as "patents" without any further qualification
(2) Design patents whichcover the ornamental appearance of various products
(3) Plant patents which cover asexually reproduced varieties of plants, e.g. hybrid roses, fruit trees bearing new types of fruit, etc.
(4) Semiconductor chip masks which are not called patents but are handled by the Patent and Trademark Office.

A utility patent is effective from the date it is issued and lasts for 20 years from the date it was applied for. A design patent covers the ornamental features of a manufactured item. Design patents cover only how something looks, not how it works. A design patent lasts for 14 years from the date it is issued. Plant patents cover asexually reproduced plants. Fruit trees and other flowering plants are the most common subjects for plant patents.

The US patent also enables the inventor to produce and market the invention himself, or license others to do so, and to make a profit. The US Patent and Trademark Office is the one tasked to determine the patentability of the invention and grant patents. US patent application must be filed within one year of the date the invention is first publicly disclosed or offered for sale. If the US patent application is not filed within this one year period, the US patent rights are forever dedicated to the public. To preserve the opportunity to obtain foreign patents, a patent application should be filed in the US Patent Office before making any public disclosures. You can expect to pay the US Patent and Trademark Office a minimum of about $4,000 over the life of the patent.

Before applying for US patent inventors are advised to conduct prior patent search on text books, journals and other publications to be sure that someone else has not already invented their idea. They may hire someone to do it for them or may do the search themselves at the Public Search Room of the US Patent and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the US Patent and Trademark Depository Libraries across the country.

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