A patent gives an inventor the right to exclude others from producing and selling a given invention. Similar to property rights, a patent can be sold or licensed to someone else. People can’t patent the laws of nature, publicly owned goods, or perpetual motion machines. A patent is only granted to an invention that is considered new, useful, and nonobvious. That patent is issued by the government and is typically recognized in most countries through international treaties. In the United States, patents are regulated by the U.S. Patent and Trademark Office. The USPTO maintains a complete database of current and past patents.
History of Patents
The idea of modern patents originated in Europe with sovereigns bestowing letters patent to protect the work of an inventor. For nearly two decades after the American Revolution, inventors looked to state governing bodies to protect their ideas. The Federal Patent Act was passed in 1790, granting patent protection for a period of 14 years. That act was repealed after 55 patents were granted; and three years later the Patent Act of 1793 was passed, increasing the application fee from $3.75 to $30 and establishing more formal review standards.
The Patent Act of 1836 created a patent office and determined that patents should be numbered. Six years later, designs were deemed patentable. In 1870, the patent office was charged with overseeing trademarks. The U.S. Patent and Trademark Office is located in Arlington, Virginia, and is open to the public.
The American Inventor’s Protection Act of 1999, which was later amended in 2002 to include new intellectual property and online rights, currently governs patents. Today, people can even receive e-mail alerts of new patents approved by the USPTO.
Patents, Copyrights, Trademarks
Patents are often confused with copyrights and trademarks, but each grants an individual or company very different types of rights. Copyrights protect “original works of authorship,” including literary, artistic and musical works. Authors, software developers and songwriters usually register a copyright; there is no application process to cover a new piece. A trademark is a word, symbol or design that distinguishes a brand. Companies register trademarks with the USPTO.
Types of Patents
There are three main types of patent: utlity, design and plant. Utility and plant patents are good for 20 years from the date they are filed, while design patents offer 14 years of protection.
Utility patents are the most common type of patent issued. The patent covers the use and mechanics of an invention. The invention can either be a completely new process or a useful improvement to an existing method, device, chemical compound or manufactured item. Based on a patent application, utility patents are further divided in mechanical, electrical and chemical categories.
Design patents cover the appearance of a new invention and are granted if the USPTO determines that the ornamental design is new and nonobvious. A design patent application typically involves extensive drawings of the proposed design.
Plant patents cover the discovery or creation of a new variety of plant that has been successfully replicated via asexual reproduction. In order for a plant to qualify, it will be considered according to the following criteria:
- It must be a living plant that can only be made via asexual reproduction and not “manufactured.”
- Algae and macro fungi are labeled as plants; bacteria is ineligible.
Inventors can also apply for provisional patents which offer one year of protection, so an invention can be be test-marketed or customized. A provisional patent also allows a product or service to be labeled as patent-pending.
The Patents of Famous Inventors
- President George Washington granted the first U.S. patent in 1790 to Samuel Hopkins for a new method of making pot ash.
- Thomas Edison registered hundreds of patents, covering everything from the phonograph to the electric light.
- President Abraham Lincoln is the only President to hold a patent for his invention designed to buoy boats over sandbars.
- Alexander Graham Bell received his first patent for the telephone in 1876; the telephone is often considered the most valuable patent in history.
Related Patent Resources
About.com American History: President Abraham Lincoln [1] About.com American History: President George Washington [2] About.com Entrepreneurs: Patents 101 [3] About.com Inventors: Patents and Inventions [4] About.com Inventors: Where to Get a Patent Application [5] Cornell Law: International Laws [6] About.com Inventors: USPTO [7] About.com Inventors: The 212th Anniversary of the First American Patent Act [8] About.com Inventors: A Trip To The Patent & Trademark Office [9] About.com Inventors: Abraham Lincoln's Patent [10] About.com Inventors: Alexander Graham Bell - First Telephone Patent [11] About.com Inventors: Alexander Graham Bell Biography [12] About.com Inventors: Asexual Reproduction [13] About.com Inventors: Design Patent [14] About.com Inventors: Federal Patent Act of 1790 [15] About.com Inventors: How long does patent protection last? (As of year 2005) [16] About.com Inventors: How To File For A Design Patent [17] About.com Inventors: Patent Applications - How To File for a Utility Patent [18] About.com Inventors: Plant Patents [19] About.com Inventors: The First Patent Granted in the United States [20] About.com Inventors: The Inventions of Thomas Edison [21] About.com Inventors: Thomas Edison's Patents [22] About.com Inventors: Understanding Provisional Patent Applications [23] About.com Inventors: Utility Patent [24] About.com U.S. Government Info: Copyrights [25] About.com U.S. Government Info: Trademarks [26] History of the United States Patent Office [27] Patent Act of 1793 [28] Patent Alert: Patent E-mail Alerts [29] United States Patent and Trademark Office: American Inventor's Protection Act [30]