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Patents

What is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States.

Who may apply for a patent?

According to the law, only the inventor may apply for a patent.

There are Three Types of Patents:
  1. Utility patents: A Utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement
  2. Design patents: A Design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
  3. Plant patents: A Plant patent may be granted to anyone who invents or discovers and reproduces any distinct and new variety of plants.
What Can Be Patented?

Any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter (chemical composition), or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the law.

The patent law specifies that the subject matter must have a useful purpose. Thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.

A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.

The Patent Application Process

How many times have you heard about an Invention idea that you thought of well before it was patent protected?

Thousands of patents are submitted to the United States Patent Office each week by inventors keen on profiting from their unique idea.

According to the "American Intellectual Property Law Association AIPLA Economic Report of Survey 1997" the Overall Average Cost of Patent Application $10,400.00.

At MIPO we designed a Patent Research Team because we were frustrated with the cost associated with the Patent Industry. Inventors were seeking our firm out after spending more than $ 15,000 on a Utility Patent application only to have the invention sitting on their shelf collecting dust.

The problem we saw was that inventors were getting patent protection on an invention that may not have any market feasibility once it has been protected.

Our goal at MIPO is to provide each inventor with an understanding of the Patent Process.