What is a Patent?
A patent is a legal right granted by the United States Government to an inventor in exchange for publicly disclosing the details of a patentable invention. Rather than giving the inventor permission to make, use, or sell the invention, a patent grants something arguably more powerful — the right to exclude others from making, using, selling, offering to sell, or importing the invention without authorization.
Patents serve a dual purpose. They reward inventors for their contributions to innovation while enriching public knowledge by requiring full disclosure of how the invention works. Whether you are an individual inventor with a new idea or a business looking to gain a competitive edge in the marketplace, understanding how patents work is the first step toward protecting what you have built.
How Long Does a Patent Last?
Utility and plant patents are granted for a term of 20 years from the date the original application is filed. Design patents, which protect the ornamental appearance of a functional item, are granted for a term of 15 years from the date the patent is issued.
Once a patent expires, the invention enters the public domain and anyone is free to make, use, or sell it. Patent terms can only be extended through a special act of Congress or under specific statutory provisions, such as regulatory delays.
Types of Patents
The U.S. Patent and Trademark Office (USPTO) recognizes different types of patents, each designed to protect a different aspect of innovation.
Cover new and useful processes, machines, manufactured articles, or compositions of matter. This is the most common type of patent.
Protect new, original, and ornamental designs for an article of manufacture — the way a product looks rather than how it works.
The Patent Process
Securing a patent involves several important steps — from conducting a thorough patent search to drafting and filing the application with the USPTO. A well-prepared application can make the difference between a granted patent and a costly rejection.
Our attorneys, who hold technical backgrounds in fields like chemistry and mechanical engineering, work closely with inventors and businesses to translate complex ideas into strong, enforceable patent claims. Learn more about how the patent process works or explore sample patents from our portfolio.
Beyond the Grant
Obtaining a patent is just the beginning. Patent holders may also need to consider licensing opportunities to generate revenue, international patent protection to safeguard their invention in foreign markets, or post-grant proceedings to defend the validity of their patent.
If disputes arise, experienced patent litigation counsel can help protect and enforce your rights.
Patents vs. Copyrights vs. Trademarks
Protects an invention or discovery, giving the holder the right to prevent others from using it commercially.
Protects words, phrases, symbols, or designs that identify and distinguish the source of goods or services in the marketplace.
Protects original works of authorship, literary, musical, or artistic works, safeguarding the form of expression rather than the underlying ideas.
Understanding which type of protection applies to your work is an important first step in safeguarding your intellectual property.