Patent Concerns of Small Businesses

A patent is a property right, which gives the holder the exclusive right to exclude others from the manufacture, use, or sale of the product or invention. The subject matter being patented is described in the patent?s claims and protected if a patent is issued. Therefore, if for example, you were the inventor of the remote control copy machine and you had a patent on the invention, no one else could manufacture or sell such a product.

To obtain a U.S. Patent, you must file an application with the United States Patent & Trademark Office (USPTO). You can apply for one of three types of patents. According to the USPTO:

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matters, or any new useful improvement thereof.

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

For information on the USPTO and filing a patent, go to the USPTO Web site or visit a patent and trademark library in your area.

The application for a patent is a complex document and typically requires that you file through a patent lawyer or patent agent. They are licensed to appear before the USPTO. There are over 21,000 licensed patent attorneys and nearly 7,000 licensed patent agents and the USPTO website can help you in your search for one.