What is a Patent?who and how can it be obtained?

Answer 1

A patent is a contract between an inventor and the goverment. The inventor agrees to disclose the invention in its entirety and the government gives exclusive rights to produce, sell, import, and export in return. To obtain a patent, you have to be an inventor or co-inventor. You need to file a patent application with the US Patent & Trademark Office. The best way to do this is to hire a patent attorney or agent (agents are usually cheaper and perform the same function). They can file and argue on your behalf which, given the policies and procedures of the PTO, is extremely beneficial. Even though getting a patent a constitutionally-guaranteed right, that doesn't mean you get it free. Patents can be expensive after attorney/agent fees, PTO fees, and any other fees that may come up. That's why you should get an attorney/agent. You'll spend money, but you'll get the best patent possible. Otherwise you'll spend a lot of money, and may not even end up with a patent because you're not aware of how to write or prosecute a patent. As an example: I saw a patent application that had over 100 independent claim. The fee for this was over $10,000 and will have to be reworked from scratch. That's a lot of money to pay then have to start at square one.

Answer 2

"A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. A utility or plant patent in force on June 8, 1995, is subject to either the 17 year term from grant or the 20 year term from earliest effective U.S. filing date, whichever is longer. A design patent term is 14 years from patent grant. The right conferred by the patent grant extends throughout the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. Prior to filing a patent application, a search of existing patents can be conducted at the USPTO Patent Search Room or at a Patent and Trademark Depository Library in your area. For additional information on patents, you may visit the USPTO Web site at www.uspto.gov/main/patents.htm. "

I suggest going to the USPTO website and click on FAQ's. It's very informative.

Answer 3

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!