The main type of patent, a utility patent, covers inventions that function in a unique manner to produce a utilitarian result. Examples of utility inventions are VelcroŽ hook-and-loop fasteners, new drugs, electronic circuits, software that is tied to some form of hardware, semiconductor manufacturing processes, new bacteria, newly discovered genes, new animals, plants, automatic transmissions, Internet techniques and methods of doing business (provided physical things are involved), and virtually anything else under the sun that can be made by humans. To get a utility patent, one must file a patent application that consists of a detailed description telling how to make and use the invention, together with claims (formally written sentence fragments) that define the invention, drawings of the invention, formal paperwork, and a filing fee. Sometimes the state of the art, rather than the nature of the novelty, will determine whether a design or utility patent is proper for an invention. If a new feature of a device performs a novel function, than a utility patent is proper. According to the USPTO in 2009, there were 456,106 utility patent applications. Patent law is designed to promote innovation in "science and useful arts." It's right there in the first Article of the Constitution: in order to be patentable, an invention needs to be useful in some way. Utility patents expire 20 years from the date of filing.
Building such a fortress around the invention makes it difficult for others to use the invention without getting a license. Depending on the policy of the organization and the type of the invention, the organization can then grant either exclusive or nonexclusive licenses to use the product. There are several ways to protect IP, but one should always remember that protecting IP is expensive. Therefore, an organization needs to think carefully about its competitors, likely infringers, and the geographical area where the invention is to be marketed. Sometimes keeping an invention as a trade secret might be the cheapest way to protect it. Sometimes patenting, even if more expensive, might give better protection. Finding the best way to build and protect an IP portfolio requires imagination, in addition to a thorough knowledge of the company and its product lines. A comprehensive IP portfolio can be of substantial value to both private and public sector entities. For both sectors, patents are a key element of an IP portfolio. Large companies can afford an offensive patent strategy, but small companies may not have the necessary resources for this. Therefore, especially for small- and middle-sized companies, proper planning and parallel thinking is required to develop an effective and cost efficient strategy. Join the IP Street community and learn more about protecting your intellectual property. We have developed a comprehensive network of patent lawyers to connect you to others that can help license, protect and commercialize your idea. Patent infringement is a serious threat and protecting your invention or patent idea is critical.
Our partners included enterprise partners, ranging from Fortune 100 companies to small companies. Among our enterprise partners are US and international businesses. We've also received input from research organizations and tech transfer operations. We've sought and received feedback from inventors, a group we believe are the heroes of the knowledge economy. Friends in the IP profession were given opportunities to use and provide feedback. We also engaged investors, venture capitalists, private equity, analysts and others in the financial world to hear what types of tools would make a difference to them when analyzing companies or IP assets. This robust representation has led to better designs. Our development team built tools with these varied personas in mind, so that the suite would assist not only the largest of IP holders, but would be relevant and immediately useable by SMEs, individual inventors, and business professionals. We are confident that you will find these tools valuable for your endeavors.
In your written patent application you must fully describe your invention to such a degree that a person skilled in the same field as the invention could make or use that invention. A person skilled in the same field as the invention should be able to read your patent application and understand it. The inventor must be able to make claims about his/her invention in clear and definite terms.The part of a patent application that describes and reveals your invention is called the specification and includes various types of descriptions, claims, and drawings depending on the type of invention and type of patent involved. Remember, ideas alone cannot be patented. In other words - you can't just write, "I have an idea for a new alarm clock." You must be able to describe how your alarm works so that an expert in alarm clocks would understand how it would work and that it would indeed work. It's like a recipe ... a good cook should be able to produce your invention based on your patent. As a novice, to file your first patent application yourself is often unwise. However, you could write your own descriptions and then pass them over to your attorney. The attorney could use your writings as a guide and a time-saver, and that will save you money. You should present your inventor's logbook, prototype, and any prior art searches to the attorney. You must write a complete and thorough description of your intellectual property as you cannot add any new information to your patent application once it is filed. You can only make changes to the subject matter that could be reasonably inferred from the original drawings or description.
In the U.S., the inventor has a "first to invent" claim which is different from other patenting organizations throughout the world who generally utilize "first to file." Debate over this issue, and which model best influences economic development is ongoing. Some are concerned that a change in patent rights may harm the small startup and benefit the incumbents with deeper pockets. You can read more about this topic.