U.S. Patent

U.S. Patent gives inventor exclusive rights on the invention. The exclusive rights will prevent others to make, use, import, sell or offer to sell the invention without the inventor's permission. In exchange for this grant, the inventors must disclose their invention to the public in the form of patent application. U.S. Patent does not grant inventors the right to make, use, sell, or import their inventions.

There are three types of U.S. Patent granted by the U.S. Patent office, these are: utility patents, design patents and plant patents. There are specific requirements for the U.S. Patent applications. U.S. Patent application must include a specification, including a description and claim(s); an oath or declaration identifying the applicant(s) believing to be the original inventor(s); a drawing when necessary; and the filing fee. Prior to 1870, a model of the invention was required as well. Today, a model is almost never required. To be patentable, an invention essentially must be: (1) useful, (2) novel, and (3) nonobvious. The novelty requirement is often consider the entry test for patentability.

Application for US patents must be filed within one year of the date the invention is first publicly disclosed or offered for sale. If the application for US patents is not filed within this one year period, the 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.

Patent search is an important phase all applications for U.S. Patent undergo. In this stage, applications must furnish proof that the invention is patentable. Inventors can make a search of patents already granted, text books, journals and other publications to be sure that someone else has not already invented their idea.

An inventor can also access the U.S. Patent information database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. US Patent database is the most popular means of search available to a layperson.The U.S. Patent database only contains "keyword" searchable patent data from 1975 forward. U.S. Patent database, publications and journals are also an important step to assure the patentability of the invention. Inventors can make a search of patents already granted in 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 on the US patent information at the Public Search Room of the US Patents and Trademark Office in Arlington, Virginia, on the PTO web page on the Internet, or at one of the US Patents and Trademark Depository Libraries across the country.

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