What Does a Patent Protect? A Detailed Guide

A patent is a powerful tool for protecting inventors' intellectual property rights. By granting exclusive rights to an invention for a limited period, typically 20 years, a patent ensures that the inventor has the sole authority to make, use, sell, or license the innovation. 

This protection is crucial for fostering innovation and encouraging investment in research and development. In this blog, you'll delve into the details of patents and understand precisely what they protect. 

What is a patent, and why do they matter?

“With a patent in place, I had the security to invest in manufacturing and marketing the Alleviator Valve. I knew that for 20 years, no one else could copy my design. 

This allowed me to build the product and brand without fear of competitors quickly replicating it. Patents also opened the door to licensing and royalty opportunities that continue to provide revenue. 

For other inventors, I highly recommend pursuing patent protection. It gives you control over your invention and the freedom to develop it. 

While the application process can be complex, for a truly unique and useful invention, a patent is well worth the investment. It could be the difference between struggling  to compete and confidently growing a successful business.” - Peter Pappas, owner of P.J. Pappas.

A patent is a form of intellectual property rights that gives the patent owner exclusive rights to a specific invention. Patent law prevents others from making, using, selling, or distributing the patented invention without permission.

Government agencies grant patents and provide a way to protect and encourage innovation. 

Patents play a crucial role in the world of innovation and business. But of course, that's not all. Here are several other reasons why patents matter:

1. Encouragement of innovation:

Patents incentivize inventors by granting them exclusive rights to their inventions. This exclusivity allows inventors to profit from their innovations, motivating further research and development.

2. Economic growth: 

Patents help stimulate economic growth by protecting inventions. Businesses can invest in new technologies with the confidence that their inventions are protected by intellectual property law, leading to advancements in various industries.

3. Competitive advantage: 

A patent can give companies a competitive edge in the market. Companies with patented products or processes can differentiate themselves from competitors and potentially achieve higher market share and profitability.

4. Attracting investment: 

Patents can attract investors by demonstrating a company has unique and protected innovations. This can be especially important for startups and small businesses seeking funding.

5. Legal protection: 

Patents provide a legal framework for protecting an inventor's rights. In the case of infringement, patent owners can take legal action to enforce their rights and seek damages.

PatentExpress powered by Trademarkia will help you protect your patents, ensuring your legal journey in patent registration is smooth and worry-free, with the guidance of our patent attorneys.

Types of patents

The primary differences among these types of patents lie in what they protect. 

Each type of patent offers tailored protections that help safeguard and potentially monetize intellectual property.

1. Utility patent

Utility patents are the most common type designed to protect new and useful inventions or discoveries. 

This category includes many innovations such as:

• Processes,
• Machines,
• Manufactures,
• Compositions of matter,
• Or any new and useful improvements.

For example, utility patents could protect a new type of engine, a novel pharmaceutical drug, or a unique software algorithm. 

Utility patents generally expire 20 years from the filing date. That is, provided maintenance fees are paid to keep the patent in force.

2. Design patent

Conversely, design patents focus on the ornamental design of a functional item rather than its utility. They're intended to protect an item's unique visual characteristics. 

Examples of items that design patents might cover include:

• The distinctive shape of a smartphone,
• The decorative pattern on a piece of jewelry,
• Or the unique design of a chair. 

Design patents typically last 15 years from the grant date and don't require maintenance fees.

3. Plant patent

Plant patents are a more specialized category granted to individuals who invent, discover, and asexually reproduce any distinct and new variety of plants. 

Asexual reproduction refers to methods such as grafting or cutting rather than growing from seeds. This type of patent might be granted for:

• A new variety of apple trees, 
• a unique strain of rose bush,
• Or a novel type of grapevine.

Plant patents last 20 years from the filing date, similar to utility patents, but they don't require the payment of maintenance fees.

What can be patented?

“With patent protection, I developed strategic partnerships to distribute Glow Path Pavers across North America. We now have a network of over 100 dealers and suppliers. The patent also gave me leverage to negotiate licensing deals, providing ongoing revenue to support continued innovation.” - Alex Ketty, president of Glow Path Pavers.

When considering patent protection, it's essential to understand what can be patented. Not every idea or invention qualifies for a patent.

The United States Patent and Trademark Office (USPTO) and similar bodies worldwide have specific criteria that an invention must meet to be eligible for patent protection. For an invention to be patentable, it must meet the following requirements:

1. Novelty

The invention must be new and not known to the public before the patent application date. This means the invention cannot have been described in prior art, including any previous patents, publications, or public disclosures.

2. Non-obviousness

The invention must not be obvious to someone with ordinary skills in the field. This means that it should represent a significant enough improvement over existing products or processes that it wouldn't be immediately apparent to an expert in the area.

3. Utility

For utility patents, the invention must be useful. This means it must have a practical application and be operable. An invention that doesn't work or is purely theoretical wouldn't qualify for a patent.

Examples of patentable inventions

• Technological innovations: New types of software, hardware, or electronic devices.
• Medical devices and procedures: Innovations in surgical instruments, diagnostic tools, or treatments.
• Chemical compounds: New drugs, industrial chemicals, or materials.
• Mechanical devices: New machinery, engines, or tools.
• Consumer products: Innovative household items, toys, or wearables.

Need further information? Watch this video with patent attorney Spencer Keller, covering the most common questions about patents:

What cannot be patented?

Certain things aren't eligible for patents, including:

• Abstract ideas: Mathematical formulas, algorithms without a practical application, or purely theoretical concepts.
• Natural phenomena: Naturally occurring substances or principles, such as gravity or natural laws.
• Human perception: Artistic works, music, literature, and other forms of artistic expression.
• Inventions contrary to public policy: Inventions that are illegal or immoral, such as methods for committing crimes.

Scope of patent protection

Patents are powerful tools for protecting intellectual property, providing inventors exclusive rights to their inventions. 

However, understanding the scope of patent protection is crucial for both patent holders and those navigating the landscape of existing patents.

The scope defines the extent of legal protection and the boundaries of what a patent covers.

Claims

The scope of a patent is primarily defined by its claims, which are found at the end of the patent document. The claims specify the precise features of the invention that are protected. There are two main types of claims:

• Independent claims: These define the invention in broad terms and stand alone.
• Dependent claims: These add specific limitations or details to an independent claim, providing narrower protection.

Specification and drawings

While the claims outline the scope, the specification and accompanying drawings provide detailed descriptions and visual representations of the invention. They help interpret the claims and clarify the invention's technical aspects.

Extent of patent protection

The extent of patent protection defines the scope and boundaries of an inventor's exclusive rights. It determines what the patent covers, including specific claims about the invention's functionality, design, and application. 

Exclusive rights

A patent grants the holder exclusive rights to:

• Make: Produce the patented invention.
• Use: Utilize the patented invention in any way.
• Sell: Offer the patented invention for sale or sell it.
• Import: Bring the patented invention into the country.

Limitations and exceptions

While patents provide robust protection for inventions, they're not without limitations and exceptions. These boundaries are essential to balancing inventors' rights with public interest and innovation.

• Patent exhaustion: Once a patented item is sold, the patent holder's control over that particular item is exhausted. This means the buyer can use, sell, or dispose of the item without further restrictions from the patent holder. However, this principle doesn't allow the buyer to reproduce the patented invention.
• Compulsory licensing: In certain circumstances, governments may allow others to use a patented invention without the patent holder's consent, typically to address public health or safety needs. This is known as compulsory licensing.
• Research exemptions: Many jurisdictions have research exemptions that allow the use of patented inventions for scientific research without constituting infringement. This encourages further innovation and scientific progress.

Patent infringement: what it is and how to avoid it

Patent infringement is a critical concern for inventors and businesses. Understanding what constitutes infringement and how to avoid it can protect your innovations and prevent costly legal disputes. 

Types of infringements 

• Direct infringement: This happens when an entity engages in activities explicitly covered by the patent claims. For example, producing a product identical to a patented item.
• Indirect infringement: This includes two main types, namely induced infringement and contributory infringement. Induced infringement occurs when encouraging or aiding another party to infringe a patent. Contributory infringement occurs when providing components or materials specifically designed to be used in a patented invention.

Legal consequences of infringement

• Injunctions: Courts can issue injunctions to prevent further infringement. This can halt the infringing products' production, sales, and distribution.
• Damages: Infringers may be required to pay monetary damages to compensate the patent holder for losses. Damages can include lost profits, reasonable royalties, and treble damages (three times the actual damages) in cases of willful infringement.
• Legal fees: In some cases, the losing party may be required to pay the prevailing party's legal fees.

Patent search: Why it's crucial before filing

A patent search is a crucial step before filing a patent application. It involves researching existing patents and publications to determine if an invention is novel and non-obvious. 

Conducting a thorough patent search can save time, money, and effort by identifying claimed inventions early in the process.

A patent search involves examining existing inventions and other relevant publications to determine if an invention has already been disclosed. This includes searching through:

• Patent databases: Repositories of granted patents and patent applications, such as those maintained by the regional patent offices or United States Patent and Trademark Office (USPTO), European Patent Office (EPO), and World Intellectual Property Organization (WIPO).
• Non-patent literature: Technical journals, scientific papers, conference proceedings, and other publications that may disclose relevant prior art.

Types of patent searches

• Novelty search: A novelty search, also known as a prior art search, focuses on identifying any existing patents or publications that may affect the novelty of your invention. This search helps determine if your invention is truly new.
• Freedom-to-operate (FTO) search: An FTO search assesses whether your product or process infringes on any existing patents. This search type is crucial for avoiding legal issues related to patent infringement and is often conducted before launching a product.
• Patentability search: A patentability search combines elements of both novelty and non-obviousness searches. It evaluates the overall patentability of your invention by examining prior art that may impact its novelty and non-obviousness.
• State-of-the-art search: A state-of-the-art search provides a comprehensive overview of the existing technology in a particular field. This search helps you understand the current trends and advancements in your area of interest.

Why conduct a patent search?

There are several benefits to conducting a patent search; these are as follows:

1. Assess novelty and non-obviousness

Two primary requirements for patentability are that an invention must be novel (new) and non-obvious. A patent search helps determine if similar inventions already exist, which can affect the novelty and non-obviousness of your invention. Identifying prior art early can help you refine your invention to meet these criteria.

2. Avoid infringement

Conducting a patent search can help you avoid infringing on existing patents. By identifying similar patents, you can design around them or decide to seek licensing agreements, thus reducing the risk of costly infringement litigation.

3. Save time and money

Filing a patent application is a time-consuming and expensive process. A patent search can prevent you from investing resources in an invention that isn't patentable due to existing prior art. 

This early assessment can save significant costs for drafting, filing, and prosecuting a patent application.

4. Strengthen your patent application

A comprehensive patent search can help you prepare a stronger patent application. By understanding the existing prior art, you can draft your claims to emphasize your invention's unique and novel aspects. 

This can increase the chances of your application being granted and provide more robust protection.

5. Strategic business decisions

A patent search provides valuable insights into the competitive landscape. Understanding what already patented technologies can guide your research and development efforts, helping you focus on genuinely innovative solutions. 

It can also inform your business strategy by identifying potential partners or competitors in your field.

Conclusion

Understanding what a patent protects is essential for inventors, businesses, and anyone involved in innovation. Patents provide legal protection for new and useful inventions, encompassing various categories such as:

• Processes,
• Machines,
• Manufactures,
• Compositions of matter,
• And even new plant varieties.

By seeking patent protection, inventors gain exclusive rights to make, use, sell, and import their inventions, offering a significant competitive advantage and encouraging further innovation.

PatentExpress can help streamline the application process, ensuring that your invention meets all necessary criteria and is appropriately protected. 

With expert guidance from PatentExpress, you can secure your intellectual property and focus on bringing your innovative ideas to market.