What is a patent?
The U.S. Patent and Trademark Office grants a patent, which is a right to exclude others from making, selling, or importing the patented invention. If issued a patent, this right to exclude can only be enforced by the patent holder. A patent cannot be issued for an idea alone, but rather patents are granted for the product or invention itself. Laws of nature or physical phenomena cannot be patented. There are several different types of patents: utility, design, and plant. A utility patent is granted for a new or improved machine, process, composition of matter, etc. A design patent is granted for an original or new design for an article of manufacture. A plant patent is granted for anyone who discovers and asexually reproduces or invents a new and distinct variety of plant.
How do I get a patent?
To obtain a patent, an application must be filed with the U.S. Patent and Trademark Office. In order to avoid difficulties and make sure that a patent offers adequate protection, hiring an attorney to complete the application process is encouraged. A non-provisional application is required to get a patent, but a provisional application can offer temporary protection until the process is completed. A non-provisional application requires a written specification and claims for the scope of protection, drawings (when necessary), an oath or declaration, and fees for filing, search and examination. As of November 15, 2011 there is an additional $400 non-electronic filing fee, with some exceptions. Incomplete applications are not reviewed, and the filing date is not determined until the specification including at least one claim and any necessary drawings are received. To aid the process, a provisional application for a patent is designed for a low cost option to file an early application for a patent and allows use of the term “patent pending” in connection with the invention. The provisional application does not require claims, an oath, or a declaration. Upon filing a provisional application, an applicant has 12 months to file a non-provisional application for patent; otherwise the provisional application will be abandoned. Provisional applications are not examined on the merits, but the filing date will carry over to a subsequent non-provisional application.
What are the requirements of a patent? (Novelty/Patentable Subject Matter/Etc.)
To receive a patent, an invention must be a useful process, manufacture, composition of matter, or machine. Abstract ideas or laws of nature do not fall under this requirement for patentable subject matter, but machines or processes that implement an abstract idea or law of nature can be patented.
For any invention to receive a patent, it must be novel. The novelty requirement is strict, and requires that the invention was not published or available to the public before the filing of a patent application.
In addition to novelty, an invention must not be obvious to a person skilled in the art to receive a patent. If there are obvious differences between the invention and something nearly similar or already known, a patent may be refused.
Patent infringement
Patent infringement consists of the unauthorized use, production, sale, or import of any patented invention within the United States. Relief for a patent infringement claim can include an injunction to cease the infringing activity and damages for the infringement. Defenses against a patent infringement claim include arguing that the invention is ineligible for a patent or that the activity itself is not infringing on the patent in question.