Patent FAQ

What is a patent?

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.

There are three types of patents: utility patents, design patents, and plant patents. Each type of patent serves its own purpose in protecting inventions. Utility patents protect how an invention is used and functions. Design patents protect the appearance of an invention. Plant patents are tailored specifically for protecting new varieties of plant matter.

How long does a patent last? 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.

What can be patented?

Put simply, an invention can be patented if it is a useful, new, and non-obvious action, thing, or product that is not an abstract idea, law of nature, or natural phenomenon. Actions that are eligible for patent protection include processes and methods. Things or products that are eligible for patent protection include machines, manufactures (items produced through manufacturing), and compositions of matter.

Abstract ideas, laws of nature, and natural phenomena generally cannot be patented. This restriction exists to ensure that these elements, which are considered basic tools of science and technology, remain accessible to everyone.

What are the criteria for patentability?

Inventions that meet all the criteria or requirements for patentability are eligible for patent protection. An invention must meet all patentability requirements in order to be eligible for a patent.

The four patentability criteria are: 1) patent eligible subject matter, 2) usefulness, 3) novelty, and 4) non-obviousness. Learn more about the four key requirements for patentability in our article on patentability criteria, linked to the right.

How long does it take to get a patent issued?

According to the USPTO (United States Patent and Trademark Office), obtaining a patent typically takes 22 to 30 months for a patentable invention. On average, the time it takes to receive a final decision from the USPTO is around 24 months. Various factors can influence how long it takes to get a patent, impacting any stage of the process including writing, filing, and prosecuting the application.

Need a patent faster? There are several ways to get patent applications prosecuted faster, sometimes in less than 12 months. Read more about getting your patent application prosecuted faster in our article on accelerating patent applications. Notably, if you are filing a patent application for the first time, you may qualify for the USPTO’s First-Time Filer Expedited Examination Program.

How much does it cost to get a patent?

A general estimate for a utility patent falls between $8,000 and $10,000, while a design patent may range from $4,000 to $5,000. The cost of getting a patent depends on the complexity of the specific invention and whether you opt for the services of a patent attorney or patent agent. For more details about the costs associated with getting a patent, explore our article on patent application costs, linked to the right.

At Carson Patents, we offer a 25% discount on patent application fees (excluding USPTO filing fees) for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount.

In certain cases, patent practitioners can accept an equity interest or contingency fee for helping an inventor get a patent. Learn more about equity and contingency fees.

Do you need a patent for your invention?

It depends. There is no straightforward, definitive answer to whether you should patent your invention. Whether you need a patent for your invention depends on several factors such as the nature of your invention, your goals, and the competitive landscape within your relevant industry.

For example, if your goal is to break into a competitive industry by commercializing your invention, a patent can be a valuable tool in protecting your rights to exclusively create and sell your invention. On the other hand, if you are not interested in bringing your invention to market, investing time and resources in obtaining a patent might not be the most beneficial route for you.

Inventor Tip: If you think your invention is patentable and could benefit from patent protection, we highly recommend consulting with a USPTO registered patent attorney or patent agent. These licensed patent practitioners can help you assess whether to pursue patent protection for your invention. Carson Patents offers a free invention consultation with our patent attorney to discuss your invention and explore the process of how to get a patent. Book a video meeting using this free patent consult appointment link for patent help.

What are the benefits of obtaining a design patent for a product?

There are several business advantages to obtaining design patents, especially for businesses that rely on the visual appearance of their products for success.

The most notable advantage is the exclusive right to use the design. A design patent provides the owner with 15 years of exclusive rights to the design of the product, meaning no one else can legally manufacture, use, or sell the design without permission from the owner of the design. A design patent can also prevent others from using similar designs, protecting the market share and profitability of the protected product. Additionally, the existence of a design patent can deter potential infringers from copying the design.

Design patents can also generate more profit for businesses. By creating an attractive sense of exclusivity and uniqueness, a design patent can lead to an increase in sales, thereby increasing the market value of a product. This can also enhance a product’s brand image and reputation. Additionally, a design patent can open doors to licensing opportunities.

What does a patent practitioner do?

A patent practitioner provides patent application services for inventors seeking patent protection for their inventions. Patent practitioners include patent attorneys and patent agents. Read more about what a patent practitioner does.

Inventor Tip: Always verify that any patent practitioner you work with is licensed by the U.S. Patent Office before seeking patent help. For instance, you can check the patent license of our USPTO registered patent attorney, Greg Carson.

When it comes to inventions, what does confidentiality mean?

Information shared with a patent practitioner about an invention is treated with the same confidentiality as information shared with a lawyer during discussions about legal matters. Invention disclosures shared with registered patent attorneys and patent agents are covered by client controlled privilege. This means that when you share information about an invention with a patent practitioner, that information is confidential and under your control. Information you disclose about your invention cannot be used or discussed without your explicit permission.

Additionally, you may consider signing non-disclosure agreements (NDAs) with anyone else you speak to about your invention, such as product development or marketing companies, to ensure confidentiality.

What are provisional patent applications or PPAs?

A provisional patent application (PPA) is a temporary place holder for a non-provisional patent application that is filed later. A provisional patent application allows you to file an application without formal patent claim(s), an oath/declaration, or any information disclosure (prior art) statement. The provisional application is only pending for one year.

The most compelling reason to file a PPA is the need to secure an early filing date. Learn more about PPAs in our article linked to the right.

What is USPTO entity status?

The USPTO offers reduced fees for smaller businesses and individual inventors to help make the patenting process more financially accessible. This fee reduction applies for patent application fees, patent validation/verification procedure fees, and patent maintenance fees.

The USPTO classifies entities into three groups based on factors like the number of employees to determine eligibility for reduced fees. This classification is called entity status. To be eligible for lower fees, businesses and inventors must qualify for “small entity status” or “micro-entity status.” Most USPTO filing fees are reduced by 60% for small entities and by 80% for micro entities. Entities that don’t meet the criteria for small or micro-entity status default to regular status and must pay standard fees. Read more about qualifying for small or micro-entity status in our article on USPTO entity status, linked to the right.

What does patent pending mean?

“Patent pending” indicates that an invention has an open patent application on file with the patent office. Filing an application for patent protection, whether it be a provisional, non-provisional, U.S., or international (PCT & Hague) application, results in patent pending status for the respective invention.

What is the connection between antitrust and patent law?

Patent laws grant inventors exclusive rights to their inventions, creating temporary legal monopolies. On the other hand, antitrust laws are designed to prevent monopolies and promote competition. The overlap between antitrust and patent law occurs when patent holders leverage their exclusive intellectual property rights to hinder competition or engage in other anticompetitive practices.

What is reduction to practice or making a prototype for an invention?

“Reduction to practice” means making the invention to demonstrate that it works as described in the patent application. In other words, reduction to practice involves reducing the invention into a tangible form or physical realization to prove that it can be built and used.

Reduction to practice comes in two forms. An actual reduction to practice is a tangible, practical, real-world rendering of an invention. A working prototype is considered an actual reduction to practice. On the other hand, a constructive reduction to practice is a detailed written description of an invention that provides enough information for someone with ordinary skills in the relevant field to make and use the invention.

What are patent drawings or figures?

Patent drawings are the figures, diagrams, flowcharts, and charts that are included in a patent application to visually represent an invention. Drawings are required for a patent application if the invention “admits of illustration,” or needs visual representations to comprehensively convey how to make and use it. Patent drawings are frequently necessary for supporting claims or showing relationships between various aspects of an invention including elements, sequences, operations, procedures, process flows, or process steps.

Both U.S. and international PCT patent applications typically require clear and properly-formatted drawings. The USPTO and the World Intellectual Property Organization (WIPO) enforce specific formatting and submission requirements for the drawings accompanying a patent application. Adhering to these standards ensures that the drawings effectively contribute to the overall clarity and strength of the patent application.

What are patent claims?

Patent claims are the legal statements that define the scope of patent protection for an invention. These claims describe the specific features that make an invention unique, thereby defining the subject matter protected by a patent. The language of the claims determines what is patented. Claims must be properly written and supported by the specification and figures of the patent application in order to be patentable.

Inventor Tip: The claims in a patent application can be amended (changed). We offer claim amendment writing and claim revision writing services as part of our patent prosecution services. Read more about writing and filing new patent claims.

What is new matter in a patent application?

“New matter” is content that is not found in either the written description or drawings of an original patent application. New matter can include new claims, amendments, drawings, or other content that involves a departure from or an addition to the original disclosure. New matter cannot be added to the original application, even if it is supported by a supplemental oath or declaration. New matter can be shown or claimed only in a separate application.

What is the difference between a utility patent and a design patent?

A utility patent protects the way an article is used and works (35 U.S.C. 101). A design patent protects the way an article looks (35 U.S.C. 171).

You can obtain both design and utility patents for an article if the inventiveness of an article resides both in its functional utility and its ornamental appearance. It’s important to note that utility and design patents afford separate legal protections, and each type of application is examined independently. However, distinguishing between the utility and design aspects of a product can be challenging, as products often exhibit a blend of functional and ornamental features.

For this reason, it is highly advised to consult with a registered patent practitioner if you are interested in pursuing patent protection for both the functional utility and appearance of your invention. A patent practitioner can provide patent help so that you can determine the aspects of your invention to claim on each kind of patent application.

What is prior art?

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. You can read more about prior art in our article, “What Does Patentability Mean?” If you want to find prior art for your invention yourself, read more about how to search for prior art.

Conducting a thorough prior art search is the first step in our 5-step patenting process. Our team at Carson Patents conducts comprehensive U.S. patent searches and international prior art searches for our clients. Read more about the prior art search.

What does novelty mean for an invention?

In order for an invention to be patentable, it must be “novel” or new. This means it must not already exist in the world. In other words, an invention is novel if it is not found in the prior art. Read more about novelty.

What does non-obvious mean for an invention?

In order for an invention to be patentable, it must be “non-obvious” or not obvious. An invention is obvious if there are any number of prior art references that, when combined, would essentially result in the claimed invention. On the other hand, an invention is non-obvious if it is not disclosed in the prior art. Read more about non-obviousness.