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Patents and Trademarks

Overview of the U. S. Patent & Trademark Office's search engines and tutorials

Types of Patents

 

Three primary patents recognized by the USPTO

 

UTILITY PATENTS: Granted for new and useful procedures, machines, articles of manufacture, or new and useful improvement of manufacture

DESIGN PATENTS: Granted for new, original, and ornamental designs for articles of manufacture

PLANT PATENTS: Granted for the invention, discovery, and asexual reproduction of a distinct and new variety of plant

"Prior Art"

"Prior Art" refers to any information available to the public that might invalidate a patent application. This information might include approved and grated patents, patent applications, published journal articles, public demonstrations of a device or process, and so forth -- as long as it was made public. Remember the purpose of a patent search is to ensure that your process or device is truly novel and non-obvious. Use the keywords you used when describing your creation to look for patents on processes or devices that resemble your creation.

The Patent Application Process

A SUCCESSFUL PATENT HAS FIVE COMPONENTS:

1. The item or process it describes is NOVEL: unique, new, unlike anything else on the market

2. The item or process it describes is NON-OBVIOUS: A person familiar with items or processes in the same field must find that the item or process is sufficiently new or unique that its creation is not so obvious that anyone could create it

3. The item or process it describes has UTILITY: How useful is this item or process likely to be in a particular industry?

4. The item or process it describes has PATENTABLE MATERIAL: The item or process must be something that patent laws can actually protect

5. The item or process it describes is SUFFICIENTLY DESCRIBED: The person applying for the patent must describe the item or process to a level that will allow others to recreate, test, and use the item or process