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Engineering Subject Guide

Engineering Technology Resources from the VSCS Libraries

Patents

What is a patent?

The USPTO indicates that:

A U.S. patent gives you, the inventor, the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S. A plant patent gives you additional rights on the “parts” of plants (e.g., a plant patent on an apple variety would include rights on the apples from the plant variety). What is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so. If someone infringes on your patent, you may initiate legal action. U.S. patents are effective only within the U.S. and its territories and possessions.

picture of gears

Patents play an invaluable, practical role in everyday life by rewarding ideas and encouraging the development of innovations and new technologies in every field.

The USPTO defines 3 categories of patents:

  • Utility: The most common type of parent --  may be granted to anyone who invents or discovers a "new and useful process, machine, article of manufacture, or composition of matter".
    • Utility patents are divided into three types: mechanical, electrical and chemical. 
    • Patent duration: 20 years
    • Patents are completely numerical: 5,146,634
  • Design: This patent may be granted to anyone who "invents a new, original, and ornamental design for an article of manufacture".
    • Patent duration: 15 years
    • Patents have the letter D before the number: D339,456
  • Plant: A plant patent may be granted to anyone who "invents or discovers and asexually reproduces any distinct and new variety of plant"
    • Patent duration: 20 years
    • Patents have the letters PP before the number: PP08,901

Understanding these distinctions is crucial, as it helps inventors choose the right type of patent that aligns with their innovation.

What are patents used for? Patents provide:

  • technical information that may not be disclosed or published elsewhere
  • information on new advances much earlier than publications 
  • prior work and help avoid duplication of research effort. 
  • help to identify experts in your field
  • information on new products or new research areas

They also can keep researchers from:

  • missing important documents
  • wasting time and money duplicating previous research.

 

For an invention to be eligible for a patent, it must meet certain criteria:

  • Novelty - Symbolizing a new, original idea or concept.
  • Non-Obviousness - Depicting a solution or innovation not immediately evident.
  • Utility - Demonstrating a practical and functional invention.

Meeting these criteria is essential for patent approval. However, these concepts can sometimes be subjective, making it crucial for inventors to ensure their applications effectively demonstrate how their creation satisfies these criteria.

A patent search is a crucial step in saving time, effort, and resources in pursuing a patent.

  • Patent Search - Conducting research to ensure uniqueness of an idea.
  • Uniqueness Check - Verifying the distinctiveness of an invention.
  • Prior Art Exploration - Exploring existing patents and literature.

It’s not just about what's already patented but also about any publicly available information that might affect the patent's novelty. A comprehensive search helps inventors understand the existing landscape, identify potential obstacles, and refine their invention to ensure it stands out and meets the criteria for patentability.

 

 

 

The process of filing a patent application is all about the detail. Steps include:

  • Detailed Application -A comprehensive application submission to the USPTO, with a detailed description of the invention, often accompanied by drawings or prototypes.
  • Examination and Revision - USPTO ensures the application complies with patent laws and meets the required standards. Revising and amending the application as needed. 
  • Communication with USPTO - Back-and-forth Interaction between applicant and patent office. The application might face rejections or require amendments to ensure compliance.

 

Resources

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