BASIC INFORMATION AND OVERVIEW OF A PATENT DOCUMENT by ResearchCopyright.com

We use patents to protect inventions for limited periods of time so that the original creator may use them to gain financially.

The U.S. Government (the USPTO) awards a patent to an inventor to grant him/her the right to exclude all others from creating, manufacturing, using, or selling his or her invention within the United States, its territories and possessions. A patent allows the creator to use his invention in any way he wants to, usually to make money. A patent expires at the end of 20 years, after which anyone is free to use that invention without licensing it from the inventor. These so called "expired" patents go into the Public Domain, and let anyone build upon the original invention.

For the U.S. Patent Office (USPTO) to award a patent, an object (i.e. the invention) has to be new, non-obvious, and useful. Nor can it be naturally occurring in nature. If you create a living being, you might be able to patent it, you cannot patent your dog, but if you genetically engineered a species of dog to be different than other dogs in some way, that might be able to be patented.

You cannot patent a hamburger, no matter how great it tastes or how big it is (you cannot patent a new quadruple-size hamburger). If you wrote a descriptive recipe, that recipe could be protected with a copyright.

When you research patents, you will discover you have three choices. The first type of patent is the "Utility Patent." Utility Patents are the most common patents. Utility Patents protect inventions and machines. The second type of patent is the "Design Patent," which protects against the physical appearance something; for example, Nike Inc. can file a Design Patent on the appearance and shape of a new Nike sneaker. Design Patents also cover the characters in all the Star Wars films. The third patent is the "Plant Patent" because this patent protects "invented" or discovered plants and its varieties.

You will find that acquiring a patent is more difficult that registering for a copyright. A paten's application process is more intense because you have to include detailed drawings of how the invention works. You need to hope your invention does not infringe on similar patents.

Patent applications can be costly. Filing a provisional patent costs $110, and filing a non-provisional patent costs $545. Then you need to pay the "Issue fee" which is $755+. Additionally, maintenance fees for you patent can be from $400 to $2,100. The patent fee is non-refundable. Make sure you complete the patent application the right way. Do not cut corners. Be detailed as possible. Proofread and check the application. Make sure the drawings are clear and specific. Follow the guidelines at the USPTO website. The waiting period can be between 12 months and 18 before the USPTO grants or rejects your patent application.

The USPTO requires that all printings and text be in black ink and be printed on one side of the paper. The paper must be without holes and be flexible, smooth, and durable. Text should be in 12pt font and be distinct. The paper must be either 8 ½ by 11 inches or size A4. There should be a left margin of 1 inch and the other three margins (top, right, bottom) should be ¾ of an inch.

Applications must include the following:

1. Utility Patent Application Transmittal Form or Letter

This form identifies that the package contains the following items, what kind of application this is, title of invention, etc.

2. Fee Transmittal Form and Fees

This form describes the fee for the patent filing and includes a check or money order made payable to "Director of the United States Patent and Trademark Office.

3. Application Data Sheet

This section includes information about the inventors of the item in question. It also should contain information regarding correspondence and other bibliographic information.

4. Specifications

This is the section of the application where the name of the invention is listed. This also lists a description of the invention and how it is made. If any federal agencies sponsored the research and development of this invention, this is the place to mention that. Drawing of the invention and other information regarding how it works is to be included in this section.

5. Oath or Declaration

The inventor or inventors of this item make an oath or declaration claiming that they believe themselves to be the first people to have created this item.

6. Nucleotide or Amino Acid Sequence (when required)

When the patent being filed is of a biological basis, these sequences, either in electronic format or on paper, must be filed along with the application.

7. Large Tables or Computer Listings (when required)

When large tables or listings of computer information is required, this is where they would go in the application.