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What Is a Patent?
Uif! Vojufe! Tubuft! Qbufou! boe! Usbefnbsl! Pgdf! )VTQUP*! efoft! b! qbufou! gps! bo! jowfoujpo! bt! uif! grant of a property right to the inventor." A patent helps protect the mechanisms, princi- ples and components of an invention. The term for a small business patent starts on the date its applica- ujpo!jt!mfe!xjui!uif!VTQUP/!Hfofsbmmz-!uijt!mbtut!gps! 31!zfbst/!Qbufout!ufoe!up!cf!mfe!mftt!gsfrvfoumz!uibo! trademarks and copyrights within small businesses. Ipxfwfs-!uijt!jt!tujmm!b!ofdfttbsz!gpsn!pg!joufmmfduvbm! property protection for inventions.
How to determine an invention is patentable
Ipx!ep!zpv!efufsnjof!uibu!zpvs!jowfoujpo!jt!qbu- foubcmf@! B! qbufoubcmf! jowfoujpo! jt! efofe! bddpse- ingly by the USPTO: "Whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful im- provement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title." The USPTO further breaks down the four require- ments of a patentable invention.
How to File for a
Small Business Patent
By Deborah Sweeney
! "A" patent: This is singular. Only one patent may be granted for each invention. ! Useful: !Uif!jowfoujpo!nvtu!ibwf!b!tqfdjd-! substantial and credible utility. ! Process, machine, manufacture, composition of matter: This is a description of the subject matter, and categories, eligible for patenting. ! Whoever invents or discovers: The inventor is the only person who may obtain the patent. Three types of small business patents Once you determine your invention is patentable, zpv!nvtu!hvsf!pvu!xibu!ljoe!pg!qbufou!zpv!offe!cf- gpsf!mjoh!gps!b!tnbmm!cvtjoftt!qbufou/!Jut!jnqpsubou!up! voefstuboe!xijdi!qbufou!uzqf!jt!uif!sjhiu!u!gps!zpvs! invention. Presently, there are three types of patents: ! Utility patents ! Design patents ! Plant patents Mfut!fyqmpsf!ipx!fbdi!qbufou!qspufdut!b!tqfdjd! type of invention. Once you understand which patent is the closest categorization for your invention, we'll look at how to apply for a patent.
Utility patents
Vujmjuz!qbufout!bsf!bnpoh!uif!nptu!dpnnpomz!mfe! small business patents with the USPTO. This type of patent may be a useful process, machine, article of manufacture, composition of matter or new or useful improvement. These are four categories of statutory tvckfdu!nbuufs!boe!nbz!cf!efofe!bddpsejohmz/ ! Process: This is an act, or series of acts or steps, typically from an industrial or technical process. ! Machine: !Uif!VTQUP!efoft!nbdijof!bt!b! concrete thing, consisting of parts, or of certain devices and combination of devices." Essentially, this is the literal meaning of inventing a machine. ! Manufacture: These are articles made by the invention. They may be produced from raw or prepared materials and through either hand labor or by machinery. ! Composition of matter: This is the chemical makeup of the invention. It may be composed of two or more substances and all composite articles. Uijt!nbz!cf!hbtft-!vjet-!qpxefst!ps!tpmjet/ ! B!gui!dbufhpsz!nbz!bmtp!bqqmz!up!uif!xpse! "useful." The invention must be able to operate boe!ibwf!b!vtfgvm!qvsqptf/!Gps!fybnqmf-!b!ofx! search engine is a type of software that may qualify as a utility patent. B!vujmjuz!qbufou!bmtp!ibt!uif!pqujpo!up!mf!bt!b!qsp- visional or nonprovisional application. What's the difference between the two terms? Qspwjtjpobm!bqqmjdbujpot!bsf!b!mpx.dptu!qbufou!mjoh/! Bqqmjdbout!nbz!ftubcmjti!b!mjoh!ebuf!jo!uif!Vojufe! Tubuft!gps!uifjs!jowfoujpo/!Uifo-!uifz!nbz!mf!b!opo- provisional application to claim the invention later. Nonprovisional applications are reviewed by a patent examiner. If the invention is considered patentable, uif!vujmjuz!qbufou!bqqmjdbujpo!jt!mfe!xjui!uif!VTQUP/
Design patents
A design patent is granted to anyone who invents a new, original and ornamental design for an article of manufacture. Ipx!epft!uijt!tnbmm!cvtjoftt!qbufou!ejggfs!gspn!b! utility patent? A utility patent will protect the use of an article. Design patents protect the appearance of an bsujdmf-!cvu!opu!jut!tusvduvsbm!ps!gvodujpobm!gfbuvsft/!Gb- mous design patents include the Statue of Liberty and the original curvy Coca-Cola bottle. A recent example of a design patent are emojis, protecting the look and appearance of the digital icons. The terms for a design patent, as effective May 13, 2015, may last 15 years from the date of the patent grant. Prior to 2015, the term was 14 years. This pro- vides small businesses with over a decade's worth of patent protection.
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