Patents |
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A patent is a legal right granted by a government that gives an inventor exclusive rights to make, use, sell, and distribute an invention for a certain period of time, typically 20 years from the filing date. To be patentable, an invention must be new, useful, and non-obvious.
As defined by the United States Patent and Trademark Office (USPTO): “A U.S. patent gives you, the inventor, the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S. ... What is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so" (United States Patent and Trademark Office 2025).
A provisional patent is a simple, low-cost way to secure an early filing date and “patent pending” status for 12 months. A non-provisional patent is the formal application examined by the patent office to grant a patent.
| Feature | Provisional Application | Non-Provisional Application |
|---|---|---|
| Purpose | Establishes early filing date; temporary | Formal application examined for patent grant |
| Claims | Not required | Required |
| Duration | 12 months | Can lead to issued patent (20 years from filing) |
| Examination | No USPTO examination | USPTO examines and grants or denies patent |
| Cost | Lower filing fees | Higher filing fees and prosecution costs |
Plant Patent US PP 18238, held by the University of Tennessee Research Foundation, protects the flowering dogwood cultivar ‘Appalachian Joy’. It is mildew-resistant with extra flower bracts and is reproduced asexually.
Design Patent D‑618,677 S grants Apple exclusive rights over the iconic aesthetic of the early iPhone’s front. It played a strategic role in high-profile litigation with Samsung and remains a pivotal reference for design patent law, especially concerning scope and damages.
Utility Patent U.S. Patent No. 223,898 is Thomas Edison’s landmark invention of the practical incandescent light bulb, featuring a high-resistance carbon filament in a vacuum-sealed glass bulb. It made electric lighting safe, reliable, and widely accessible, paving the way for the modern electric power industry.
This guide is designed solely for informational and educational use and does not constitute legal advice. It should not replace consultation with a qualified intellectual property attorney or legal expert. The resources and examples provided are intended to support research and learning. For authoritative information, United States Patent and Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), or consult a qualified legal professional. If you need help obtaining legal representation, the USPTO offers two programs that provide financial assistance for intellectual property legal services.
