Frequently Asked Questions
What is a patent?
A patent is a right granted by the government to an inventor, the right to exclude others from
making, selling, or using the invention covered by the patent. In the United States the right lasts for
twenty years from the date when the invention was first filed with the patent office. A patent is a form of
property, intellectual property, and it can be sold or licensed to generate income.
Who can file for a patent?
Anyone can file for a patent as long as they are the inventor, or one of the inventors.
What are the types of patents?
There are three types of patents:
- Utility patents, which cover new, useful inventions
- Design patents, which cover ornamental designs
- Plant patents, which cover new plants
What is patentable?
Title 35, Section 101, of the United States Code says:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and
useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Your invention must be made by you. It must be new. It must be useful, and it must be a process, machine, manufacture, or
composition of matter. Ideas by themselves are not patentable.
What is a patent agent?
A patent agent is someone with a technical background in science or engineering who has
taken and passed the bar examination given by the United States Patent Office. In 2004 the patent office puts it as follows:
ยง 11.7 Requirements for registration.
(a) No individual will be registered to practice before the Office unless he or she has:(1) Applied to the
USPTO Director in writing by completing an application for registration form supplied by the OED
Director and furnishing all requested information and material; and (2) Established to the satisfaction of
the OED Director that he or she: (i) Possesses good moral character and reputation; (ii) Possesses the
legal, scientific, and technical qualifications necessary for him or her to render applicants valuable
service; and (iii) Is competent to advise and assist patent applicants in the presentation and prosecution
of their applications before the Office.
The registration of patent agents and attorneys is administered by the
Office of Enrollment and Discipline.
What is a patent attorney?
A patent attorney is an attorney who has passed the patent bar examination and is registered to practice before
the United States Patent and Trademark Office.
How can I tell if my idea is new?
You need to conduct a novelty search. A good place to begin is at the
Patent Searching page of the USPTO web site. You can search by keyword and by patent class. Another good place to search patents is at
esp@acenet, run by the
European patent office.