Legal Definitions - patent

Definition:

A patent is a government grant that gives the holder exclusive rights to make, use, and sell an invention for a certain period of time. The U.S. Patent Office grants patents for inventions that are novel, non-obvious, and useful. There are three types of patents:

• Utility patent: Includes a process, a machine, manufactured products, and compounds or mixtures.
• Design patent: A new, original, and ornamental design for a manufactured article.
• Plant patent: A new variety of a cultivated asexually reproduced plant.

For example, if someone invents a new type of phone charger, they can apply for a utility patent to protect their invention. If the patent is granted, they have the exclusive right to make, use, and sell the phone charger for 17 years.

Usage:

Patent law specialists can help inventors search for existing patents to determine if their invention is truly unique. If it is, they can file an application with the U.S. Patent Office, including detailed drawings and specifications. While waiting for the patent to be granted, the inventor can mark their product or design as "patent pending." Once the patent is granted, the product can be marked with the word "patent" and the designated patent number.

If someone manufactures a product that infringes on an existing patent, they can be sued for patent infringement and may have to pay substantial damages.

Example:

Henry A. Wallace developed hybrid corn, which made him rich for life. He was granted a plant patent, which gave him the exclusive right to reproduce and sell the hybrid corn for a certain period of time.

This example illustrates how a plant patent can protect a new variety of a cultivated plant and give the inventor exclusive rights to reproduce and sell it.