What's a patent and what does it really do?

Patents are a form of intellectual property (IP) and are a legal right given to an inventor/owner by the U.S. Government through the U.S. Patent and Trademark Office (USPTO).

A patent gives its owner the right to “exclude others from making, using, offering for sale, or selling an invention or importing it into the U.S.”^[1] However, a patent doesn't give you the right to perform these actions. It just gives you the right to stop anyone in the U.S. from doing it.

So why should I care about patents, and why should I get one?

Patents protect your ideas. They allow you to stop others from profiting from your invention without your consent.

Although a patent is a legal right, it is often valuable because it gives the owner the right to exclude others. Patents can help increase a business's value by permitting the owner to license, attract investors, or even sell the patent outright. 

Patents 101: The Basics

What Can I patent: What types of things are patentable?

You can patent products or methods if they're new, useful, and not naturally occurring. You can't patent something you didn't invent or copied from someone else; it must be an original work. The patentability of an invention is governed under 35 U.S.C. §§ 101, 102, and 103.

Do I need a patent to sell my invention?

No, you do not need a patent to sell your invention. But, without one, others can freely copy it. Getting a patent gives you the legal protection to prevent others from using your invention for their gain! 

What type of patents are there?

There are three main types of patents:

• Utility Patents: protect new or improved and useful processes, machines, articles of manufacture, or compositions of matter.
• Design Patents: protect the appearance of an article but not its functional features.
• Plant Patents: protect an invented or newly discovered, asexually reproduced, distinct, and new variety of plant. These are pretty rare to find.

What does "Patent Pending" mean?

You might have seen on Shark Tank or in commercials that a patent is pending, but what does this mean?

“Patent pending” means that a patent application is undergoing prosecution and hasn't been granted yet. It's used to warn others that a patent may be granted soon to discourage copying. 

How Gallium Law Can Help

If you're looking to obtain a patent, Gallium Law is a team of experienced patent practitioners who are dedicated to helping you protect your intellectual property. We are here to help you whether you are unsure you have invented something or have spent years developing it and are ready to explore options. 

To get in touch with us, please fill out our contact form or call us at (651) 256-9480 to schedule a free and confidential consultation.

*The information in this article is not legal advice and should not be relied on. The content of this article is for informational purposes only and is meant as a starting point in your search for answers to your legal questions.

Sources: 

[1]: https://www.uspto.gov/patents/basics/essentials#questions