Frequently Asked Questions

 Ideas must have a physical manifestation to be protected through registration.  That is a drawing, model or anything tangible.  Copyrights protect expression and creativity, not innovation.  Patents protect inventions.  But for ideas, the only method is a strong confidentiality or non-disclosure agreement.  This is treacherous as the only recourse is suing for breach of contract.  So, if you were planning on your idea being a trade secret, you would have lost the industry leverage from the breach of the secret.

A US patent is a property right granted by the US government to all of the actual, first inventor(s) of an invention under the US constitution and statues passed by Congress that grants the inventors the right to exclude others from making, using, selling, or importing the invention for a specific period of time. It does not grant the right to make, use, sell, or import the invention to the patent holder(s) since patents can overlap and end up being mutually exclusive (e.g. where a first patented product uses a second patented product as part of the first patented product the first patent could not be utilized without the second patent holder's permission).

There are three types of patents:  A utility patent is the type most inventors obtain for their invention and it can be issued for a:

Process (method)

Machine

Article of manufacture

Composition of matter

Improvements of any of the above

A design patent can issue only for a specific ornamental design and cannot be used to protect a functional element.

A plant patent can issue for a sexually reproduced plant.

A US patent is a property right granted by the US government to all of the actual, first inventor(s) of an invention under the US constitution and statues passed by Congress that grants the inventors the right to exclude others from making, using, selling, or importing the invention for a specific period of time. It does not grant the right to make, use, sell, or import the invention to the patent holder(s) since patents can overlap and end up being mutually exclusive (e.g. where a first patented product uses a second patented product as part of the first patented product the first patent could not be utilized without the second patent holder's permission).

There are three types of patents:  A utility patent is the type most inventors obtain for their invention and it can be issued for a:

Process (method)

Machine

Article of manufacture

Composition of matter

Improvements of any of the above

A design patent can issue only for a specific ornamental design and cannot be used to protect a functional element.

A plant patent can issue for a sexually reproduced plant.

A utility patent can cover a process, a method, a machine, an article of manufacture, a composition of matter, or improvements in any of these things.

Several things cannot be patented even if they fall into the above categories including:

Laws of nature

Abstract ideals

Literary works

Physical phenomena

Offensive inventions

Inventions that aren't useful including things considered to violate the laws of science such as perpetual motion machines and perpetual energy generation.

A utility patent is enforceable for a period from its issue date as a patent and expiring 20 years from the earliest non-provisional patent application filing date claimed by the patent. It should be noted that a provisional patent application never issues as a patent under any circumstances and does not start the 20 year period.  A design patent lasts 14 years from the granting of the application.

WLF-IP provides a free, no obligation, initial consultation with a patent attorney. We discuss the entire process, including the costs for your unique invention. Contact us at info@pretty-clever.com or 336.882.4940.