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Home › Topics › Basics of Intellectual Property › Patents

Definition: Patents

Topics Basics of Intellectual Property Patents Definition: Patents

Non-Provisional Patent

A non-provisional patent grants the right to prevent others from making, selling, or using an invention for a period of time. The right is granted by the government to unique inventions. The three types are utility, design, and plants:

  • Utility patent – This patent is for new, useful, and functional items. Protection lasts 20 years, after which others may make, use, or sell the invention.
  • Design patent – For a non-functional and ornamental item, this patent protects the design or image of a product. Protection lasts 15 years.
  • Plant patent – This patent is for new plants made by a person. Protection lasts 20 years.

The inventor must be in possession of the invention and must fully disclose to the public in writing a description of the invention and how to make and use it.

Provisional Patent

A provisional patent, which is less complex and less costly to obtain, protects utility inventions before a full (non-provisional) patent for up to one year. It allows use of the term patent pending. It can be used to establish an early disclosure date for a non-provisional patent.


More Definitions Related to Patents

Prosecution of the Patent

Describes the interactions involved in the process of the inventor and their representatives filing a patent application and negotiating with the US Patent and Trademark Office to obtain the patent.

Patent Infringement

Making, using, offering, or selling an invention that is actively patented. Infringement must happen in the United States or by importing the infringing product into the United States.

Federal “March-In” Rights

The government’s right to seize patents if they helped to fund the product’s development. As of October 2021, they have not exercised this right.

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Topic Home Expand All
Intro to Intellectual Property
3 Articles
Types of IP and Their Protection
Intellectual Property FAQs
Resources on Intellectual Property
Disclosure of Inventions
3 Articles
Case Example: Invention Disclosure
What Is IP Disclosure, and What Impact Does It Have?
Non-Disclosure Agreement (NDA)
Patents
7 Articles
Definition: Patents
Preparing to Submit a Patent Application
Patent Application Key Elements
Patent Application Steps
Case Example: Agriculture Patent
FAQs About Patents
Resources on Patents
Licensing Agreements
3 Articles
Introduction to Licensing and Collaborative Agreements
University Technology Transfer Office (TTO)
Tips for University Licensing
Return to Basics of Intellectual Property
End Resources

This project is funded by National Institute of General Medical Sciences (Grants 1R43 GM131458-01 & 2R GM131458-02)


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