The patent system intends to accelerate the progress of science by sharing knowledge that might otherwise be kept confidential (a.k.a. Trade Secret). The word “patent” comes from a Latin word meaning “open.” Compare it to “latent,” meaning “hidden.”
As an owner, a Patent will allow you to exclude others from manufacturing, using, or selling anything that incorporates the patented idea for 20 years from the filing of the patent application. Patents are granted to new ideas (a.k.a. novel), non-obvious and useful. The owners of a Patent have, essentially, a governmental monopoly on their idea in exchange for publically sharing their idea in great detail.
Patents are one form of Intellectual Property (I.P.), literally property that someone conceptualized and, therefore, not tangible. Other common forms of I.P. include:
• Trade secrets – Information kept confidential so that it does not fall into the hands of competitors.
• Copyrights – Legal protection offered to written documents such as books, films, etc.
• Trademarks – Legal protection offered to a unique business logo, sign, or product that helps differentiate you from your competitors.
Trade Secrets are more common when innovation occurs so quickly that keeping your “secrets” in-house and confidential is cost-effective. Think of software and applications (apps). Likewise, Trade Secrets are helpful for ideas that have long-term utility. For example, WD-40 and Coca-Cola were never patented because the publicized information would have destroyed their value when the patent expired. Bear in mind that while trade secrets don’t require the same effort to obtain that patents do, a person or company possessing a trade secret must still have organizational support, which can be costly, to maintain the secret properly.
Defensive patents are intended to protect the holder from litigation and not necessarily generate revenue. Similarly, using Defensive Publications, simply publications available to the public, may be appropriate to keep others from patenting the idea. This method works on the idea that any publication of an invention before filing for the invention can prevent a later patent application from being granted. It is possible to apply with the USPTO solely with the intention of preventing later inventors from patenting the concept. Any publication can work as prior art.
The USPTO grants the following types of patents:
• Design – These cover the aesthetic aspects of an invention. Example: the form and look of a new cell phone case.
• Utility – The “classic” example of a patent. This type of patent covers novel technologies, whether in pharmaceutical, mechanical engineering, chemical engineering, or just about any area of innovation.
• Plant – Covers new types of plants. Example: yet another type of rose.
Note: Provisional Patents are NOT listed, see Misconceptions About Patents for more details.
