Utility patents protect inventions that are a novel, nonobvious, and useful, such as: process innovations, machine innovations, manufacturing innovations, compositions of matter, or incremental improvements from foundational innovations. The three patentability requirements: New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. In other countries, you have no one year grace period and require absolute novelty. Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious. Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.

A plant patent covers asexually reproducible plants (that is, through the use of grafts and cuttings), such as flowers. Sexually reproducible plants (that is, those that use pollination), can be monopolized under the Plant Protection Act. Both sexually and asexually reproducible plants can now also be monopolized by utility patent. Plant patents are comparatively recent innovations, the first one being granted in 1930. A plant patent is granted by the Government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced. This protection is limited to a plant in its ordinary meaning: (1) A living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but which can not otherwise be "made" or "manufactured." (2) Sports, mutants, hybrids, and transformed plants are comprehended; sports or mutants may be spontaneous or induced. Hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area. (3) Algae and macro fungi are regarded as plants, but bacteria are not. A utility patent would be filed for claims to plants, seeds, genes, etc. According to the USPTO, there were 959 plant patent applications filed in 2009.

The competitive landscape can be brutal, and commonly is referred to as the Red Ocean--you know, blood in the water with sharks lurking about (yeah, a few lawyer jokes come to mind, but I will restrain myself). Research at Harvard Business Review and elsewhere suggests that the most profitable business strategies are related to finding and/or creating Blue Ocean to reap rewards in a new space. How does that relate to studying patent data? Simple. You first need to understand what patents already exist in the invention-space. Second you need to understand and articulate how your invention is unique. Next you need to write your patent so it makes as many unique and new claims as it possibly can. Then you need to consider all possible opportunities to secure and expand your space. In IP lawyer-speak, this means that your invention needs to have a valid legal scope. If you find out, using our tools, that your invention is in a very competitive space (sharks in the bloody ocean), you may want to forego the costs associated with pursuing patent protection. IPstreet.com can help by searching millions of patents and simplifying the complexities of the data into an intuitive "scatter plot" that identifies your idea in context of the universe of patents and patent-pending applications. Ultimately, we can provide important business intelligence from the immense and excessive information available. Our goal is to take TMI (too much information) and report it to you which will better inform your business decisions. If you are searching for questions such as, "how to patent my idea, " or "how to patent my idea," then you've come to the right place. IPStreet.com's patent search tools are designed with you in mind. Using the patent search software, you can better understand how to patent your invention or patent idea, patent duration and find an experienced patent lawyers.

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.

A utility patent application can be filed provisionally or unprovisionally. The non-provisional application establishes the filing date of your patent application and begins the examination process. Your patent application will be examined by the USPTO. A provisional application only establishes your filing date and expires automatically after one year. You may file a provisional application when you are not ready to enter your application into the regular examination process. A provisional application establishes a filing date at a lower cost for a first patent application filing in the United States. A provisional application allows the term "Patent Pending" to be applied to your invention.