Top 20 Patent FAQs: Your Guide to Patent Help

A patent is a kind of intellectual property that provides the exclusive legal right to control the making, using, and selling of an invention for a limited period of time. In this way, a patent provides a temporary legal monopoly over a product or service. Learn more about what a patent is?

In the United States, utility patents and design patents are issued for different lengths of time. Utility patents last for 20 years from the date it is filed. Design patents last for 15 years from the date it is granted. Plant patents, like utility patents, last 20 years from the filing date.

An invention can be patented if it is useful, new, and non-obvious—and not an abstract idea, law of nature, or natural phenomenon. Eligible inventions include processes, machines, manufactured items, and chemical compositions. Learn more about what can be patented.

Novelty means your invention must be new—no single prior art source can include all its claimed features. It’s the first requirement of patentability, which also includes non-obviousness, utility, and subject matter eligibility. Meeting the novelty standard is a key step toward earning patent protection. Learn more about patentability.

Non-obvious means your invention wouldn’t be an obvious change or combination of existing ideas to someone skilled in the field. To qualify, you must show there was no clear reason to make your invention as claimed, and highlight unexpected results or supporting factors that show true innovation. Learn more about patentability.

Patents typically take 22–30 months to issue, though timing varies by complexity and USPTO response. Fast-track options like Track One, petitions to make special, or the Patent Prosecution Highway can reduce this to under 12 months. Learn more about how long it takes to get a patent and ways to accelerate the process.

In the context of an invention, “prior art” refers to any patent, patent application, non-patent literature, or published disclosure that is relevant to the invention. Prior art can be anything that has ever been patented or otherwise disclosed anywhere in the world. Learn how to find prior art for your invention.

Patent costs vary by type and complexity. Utility patents average $8,000–$10,000; design patents $4,000–$7,000. Learn about our prior art search and patentability study costs. Learn about our all-inclusive patent application service fees. Try our easy-to-use patent application cost calculator.

Whether you need a patent depends on your goals. If you plan to commercialize, protect your invention, or attract investors, a patent can be a valuable asset. If not, it may be unnecessary.  Carson Patents offers a free patenting consultation to help determine if patent protection is the right move for your invention.

A design patent provides 15 years of exclusive rights to a product’s appearance, protecting against copycats and strengthening brand identity. It boosts perceived value, supports premium pricing, and enables licensing opportunities—making it an essential tool for businesses focused on unique product designs. Learn more about the benefits of a design patent.

A patent practitioner helps inventors secure patent protection by preparing and filing patent applications. These professionals include both patent attorneys and patent agents, who are licensed to navigate the complex patent process. Understanding their role is crucial for inventors seeking to protect their inventions effectively. Learn more about what a patent practitioner does.

Information shared with a patent practitioner is confidential and protected by client privilege, similar to attorney–client communications. Your invention details cannot be disclosed or used without your consent. To further protect your ideas, consider signing non-disclosure agreements (NDAs) when sharing with developers, marketers, or others. Learn more about invention confidentiality.

A provisional patent application (PPA) is a temporary placeholder filed without formal claims, oath, or prior art disclosures. It lasts for one year and secures an early filing date for your invention. This early priority can be crucial. Learn more about provisional patent applications (PPA’s).

The USPTO offers reduced fees to small businesses and individual inventors through “small” and “micro-entity” status. Eligible applicants receive 60–80% fee discounts on patent filings and maintenance. Those not qualifying pay standard fees. Learn more about USPTO entity status and fee reductions.

“Patent pending” means an invention has a patent application—provisional, non-provisional, U.S., or international—filed with the patent office. This status notifies others that patent protection is being sought. It helps protect your invention during the review process. Learn more about what patent pending means.

Patent laws grant inventors exclusive rights, creating temporary legal monopolies, while antitrust laws prevent monopolies to promote competition. Conflicts arise when patent holders use their rights to block competition or engage in anticompetitive behavior. Learn more about the relationship between antitrust and patent law.

“Reduction to practice” means demonstrating an invention works by creating a tangible version or providing a detailed description. Actual reduction involves a working prototype, while constructive reduction uses thorough documentation enabling others to make and use the invention. Learn more about reduction to practice for inventions.

Patent drawings—figures, diagrams, and charts—visually explain an invention and are required when illustrations help convey how to make and use it. Both U.S. and international applications must meet strict formatting rules to ensure clarity. Learn more about the importance and standards of patent drawings.

Patent claims legally define the scope of protection by outlining the unique features of an invention. They determine what is patented and must be clearly written and supported by the patent’s specification and drawings. Proper claims are essential for securing effective patent protection. Learn more about patent claims.

“New matter” refers to content not included in the original patent application’s description or drawings. It can’t be added later, even with a supplemental oath or declaration. Any new claims or material must be filed in a separate application. Learn more about how new matter affects your patent application.

Utility patents protect how an invention works, while design patents protect how it looks. Both can be granted for the same product, but they offer separate legal protections and are reviewed independently. Because inventions often combine function and appearance, consulting a registered patent practitioner is recommended. Learn more about utility patents or design patents.