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Innovation, Novelty and Patent Protection

What is a patent?

A patent for an invention is the grant of a property right to the inventor. 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. There are three types of patents:  

Utility Patent

  • Process - steps for making a new chemical or new business method
  • Machine - man-made apparatus with moving parts (engine, camera)
  • Article of Manufacture - man-made apparatus without moving parts (carpet)
  • Composition of Matter - chemical compositions, mixtures of substances (adhesives)

Design Patent - ornamental appearance of an article of manufacture

Plant Patent - distinct and new variety of asexually propagated plant

 

What can be patented?

An Invention must be

  • Novel: not previously known or used by others; no prior art
  • Useful: have a known use or produce a concrete or tangible result; a commercial market for invention
  • Non-obvious: not obvious to a person having normal skill in the art

Patent Research Data and Tools

Innovation