Patent FAQs
Frequently Asked Questions About Patents
Browse our most frequently asked patent questions and access related resources to help you understand each topic more fully. If you need more guidance, our team is available for a free consultation.
What is a patent?
How long does a patent last?
In the United States, utility patents and plant patents last for 20 years from the date they are filed. Design patents last for 15 years from the date they are granted.
What can be patented?
An invention can be patented if it is useful, new, and non-obvious. Additionally, an invention cannot be an abstract idea, law of nature, or natural phenomenon to be patentable. Patent eligible inventions include processes, machines, manufactured items, and chemical compositions. Learn more about what can be patented.
How long does it take to get a patent issued?
Patents typically take 22-30 months to issue from the time of submission to the USPTO, 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.
How much does it cost to get a patent?
Patent application costs vary by type and complexity. Utility patent applications average $8,000-$10,000; design patent applications average $4,000-$7,000. Learn about our prior art search and patentability study costs. You can also check out our all-inclusive patent application service fees or try our easy-to-use patent application cost calculator.
What is novelty, and how does it fit into overall patentability?
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.
What does “non-obvious” mean for an invention?
Non-obvious means your invention wouldn’t be an obvious change or combination of existing ideas to someone skilled in the field of the invention. 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.
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. Learn how to find prior art for your invention.
Do you need a patent for your invention?
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.
What are the benefits of obtaining a design patent for a product?
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.
What does a patent practitioner do?
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.
When it comes to inventions, what does confidentiality mean?
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.
What are provisional patent applications or PPAs?
A provisional patent application (PPA) is a temporary placeholder filed without formal claims, an 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 (PPAs).
What is USPTO entity status?
The USPTO offers reduced fees to small businesses and individual inventors through “small entity” 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.
What does patent pending mean?
“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.
What is the connection between antitrust and patent law?
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.
What are patent drawings or figures?
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.
What are patent claims?
What is new matter in a patent application?
“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.
What is the difference between a utility patent and a design patent?
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 and design patents.