While August is officially National Inventors Month, people invent new products everyday, and apply for patents to be able to claim they created it first, and possibly reap financial benefits.

Some Basics

A patent is an exclusive right granted by the federal government to the inventor of new and useful machines, articles, substances, or processes. It gives the inventor the right to stop others from using, making, and selling the invention without the permission of the inventor or the patent owner (that's called a "infringement").  The idea is to give an inventor an incentive to show us how to make and use her invention.

To receive a patent, inventors must apply to the federal government. The patent usually lasts lasts for 20 years from the date the application was filed.

If the patent is granted, the government publishes a full description of the invention and its use so that anyone and everyone can see it.

Patent Applications

Patents are only issued after you complete the application process established by the US Patent & Trademark Office (USPTO). In the application, you have to fully describe and explain the invention and set out the limits of the technology your claiming in the invention.

Patent examiners, who have technical training in many different fields, are assigned to look at applications that fall into their particular fields of specialty. Examiners search to see if the same or similar technology has already been claimed in a patent or publicly disclosed in other types of publications.

If the patent examiner has objections to the application, you can:

• Fix or "amend" the claims of the application to satisfy the objections
• Try to convince the examiner that the application satisfies the patent law
• Start an appeals process

Preparing a Patent Application

Drafting successful patent applications requires not only an understanding of patent law, but also knowledge of the technology being described and claimed. For this reason, patent agents and attorneys must have scientific or engineering training. It's almost always a good idea to get help from an experienced patent attorney when preparing your application.

Scope of a Patent

As in copyright cases, there is no such thing as a worldwide patent. Successful applications to the USPTO results in a patent that's good only in the US. If you want patent protection in other countries, you must apply for a patent in the patent office of each country. However, you may be able to stop others from importing goods or products into the US that infringe on your patent rights.

Time Period for Applying for a Patent

Inventors must be extremely careful about their activities prior to applying for a patent. The USPTO gives an inventor a one-year grace period after an invention has been publicly disclosed to apply for a patent. The clock on this grace period starts running when you:

• Place the invention on sale
• Publish a description of the invention
• Offer a detailed description of the invention at a public meeting
• Place the invention into the hands of the public

If you don't apply for a patent within a year of public disclosure, you lose the chance to get a patent forever.

Priority of Invention

When two inventors develop identical inventions at about the same time, most countries will grant a patent for such an invention to the inventor who files their application first. The US may allow a later inventor to prove that he invented the invention before the first applicant.

USPTO proceedings to determine priority of invention are called interferences. These proceedings are complicated legal contests, similar to litigation, and may take years to resolve.

Employee Inventors

US law requires that a patent bear the name of the inventor of the claimed invention. Sometimes an employer may agree to share royalties with an employee, or offer a bonus or other reward in exchange for the assignment of the rights in the patent to the employer. However, no matter what type of arrangement the inventor has with his employer, the employer's name can't be substituted for that of the inventor on the patent.

Questions for Your Attorney

• How much will you charge me to help get a patent?
• Can I reapply for a new patent after 20 years?
• If I sell my patent to a company, does that mean I can't use the patent at all?

Related Resources on Lawyers.com^sm

- Contact an Patent Law Lawyer in your area for specific legal advice, and read about Selecting a Good Intellectual Property Law Lawyer
- Need a form? Access hundreds of Legal Forms, including a Provisional Patent Application Form
- Read What Is Patent Infringement? and Mind over Matter: SCOTUS Considers Methods Patents, or access more Intellectual Property articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Intellectual Property Law topics