How To Use a Patent?

Protecting products and processes
Increasing turnover and profits
Attracting investors
Blocking competitors
Building reputation
Identify and negotiate with a commercial partner for license or collaboration agreements
Managing relationship with commercial partners

What can be patented?

35 USC § 101
Whoever invents …any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, …
Process or Method
Machine or Apparatus
Article of Manufacture
Composition of Matter
Chemical Compounds
Physical Mixtures
Improvements of Any of the Above

Who can patent?

Only INVENTORS may apply for patent
i.e., conceives or contributed to conception of invention
Employer is not inventor
Investor is not inventor
Not naming one of the Inventors or adding someone who didn’t invent can invalidate a patent, even if issued

What is the procedure to get a Patent?

  • Decide on the type of the patent
  • Prepare a patent application
  • File the patent in a patent office
  • Follow the patent application through allowance.

Different types of US patent application

Utility patent
Protects articles of manufacture, compositions of matter, machines, or processes, or improvements
Term: 20 years from the application filing date
Plant patent
Protects most asexually reproduced plants
Term: 20 years from the application filing date
Design patent
Protects new, original and ornamental designs
Term: 14 years from the date of grant

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