Patent

Key takeaways

• A patent is a government-granted property right that gives an inventor exclusive rights to an invention for a limited time in exchange for public disclosure.
• The main U.S. patent types are utility, design, and plant patents.
• Utility and plant patents generally last 20 years from filing; design patents last 14 or 15 years depending on filing date.
• Patents protect rights within the granting country; international protection requires separate filings.

What is a patent?

A patent is a legal right issued by a government that allows an inventor to exclude others from making, using, selling, or importing the patented invention for a set period. In return, the inventor must publicly disclose how the invention works. Patents are intended to encourage innovation by giving inventors time-limited exclusive commercial rights.

How patents work

• A patent confers a negative right: it prevents others from exploiting the invention, but it does not automatically grant the owner the right to use the invention in all circumstances (other laws or existing patents may apply).
• Patent rights are territorial—U.S. patents protect only the United States and its territories. Foreign protection requires filing with other countries or through international treaties where applicable.
• To be patentable, an invention generally must be new, useful, and non-obvious compared with existing public knowledge.

Types of patents

There are three basic types of patents in the United States:

Utility patents

• Cover new and useful processes, machines, manufactured items, compositions of matter, or improvements.
• Most common type (around 90% of U.S. patents).
• Term: typically 20 years from the filing date (subject to maintenance fees and possible adjustments).

Design patents

• Protect new, original, and ornamental designs for manufactured articles—their appearance rather than function.
• Term: 15 years from grant for applications filed on or after May 13, 2015; 14 years for earlier filings.
• No maintenance fees.

Plant patents

• Issued for new, asexually reproduced plant varieties.
• Term: typically 20 years from filing.
• No maintenance fees.

How to apply for a patent (overview)

1. Preliminary search: check official patent databases to see whether similar inventions already exist.
2. Document development: keep detailed records and prepare a clear description, drawings, and claims that define the invention’s scope.
3. Choose filing route: provisional application (shorter, lower-cost placeholder) or nonprovisional application (formal examination).
4. File with the appropriate patent office (in the U.S., the USPTO) and pay required fees.
5. Examination: the patent office reviews the application; the applicant may respond to rejections or office actions.
6. Grant and maintenance: if allowed, the patent is granted; maintaining certain patents requires payment of maintenance fees.

Enforcement of patent rights (e.g., litigation or licensing) is the responsibility of the patent owner.

Costs and timeline

• Costs vary widely by patent type, complexity, applicant type (individual vs. company), and whether an attorney is used.
• Typical cost components: filing fees, search and examination fees, prosecution fees (responses to office actions), issue fees, maintenance fees, and attorney/agent fees.
• Using an attorney can account for roughly 50–60% of total patent costs, depending on complexity.
• Timelines vary by technology area and backlog; utility patents often take multiple years from filing to grant.

Patent statistics (overview)

• Patent offices worldwide handle hundreds of thousands of applications each year; a substantial portion are ultimately granted.
• Technology companies are frequent recipients of patents, reflecting investment in R&D and product development.

Notable examples

Historic patented inventions include the telephone, safety razor, traffic signal, television, and personal computer. Patents have protected diverse innovations across industries, from consumer goods to pharmaceuticals and aerospace systems.

Patents vs. trademarks vs. copyrights

• Patents protect inventions (functional or structural features).
• Trademarks protect brand identifiers—names, logos, slogans—that distinguish goods or services. They can last indefinitely if maintained and used.
• Copyrights protect original expressive works (literature, music, art, software) and generally last for the life of the author plus a statutory term.

Each form of intellectual property protects different aspects of value and may be used together to protect a product and brand.

Frequently asked questions

What does a patent mean?
* A patent is a time-limited legal right granted by a government that allows the owner to exclude others from exploiting an invention.

What are common examples of patented inventions?
* Everyday examples include household appliances, medical devices, electronics, and many pharmaceutical compounds.

What are the three main types of patents?
* Utility, design, and plant patents.

How long does a patent last?
* Utility and plant patents: typically 20 years from the filing date. Design patents: 14 or 15 years from grant depending on filing date.

How much does a patent cost?
* Costs vary widely. Expect several thousand to tens of thousands of dollars for a typical utility patent when attorney fees and prosecution are included; simpler filings or provisional applications may be less.

Bottom line

Patents are a core tool for protecting inventions and promoting innovation by granting limited exclusive rights in exchange for disclosure. Understanding the types of patents, the application process, costs, and territorial limits is essential for inventors and businesses seeking to secure and leverage intellectual property.