Patents
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). Many believe that a patent grants the inventor “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States. Contrarily, however, a patent does not grant the right to make, use, offer for sale, but the right to exclude others from doing so. After the USPTO grants a patent, it is the sole responsibility of the patent holder to enforce their patent. 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
The USPTO grants three different types of patents:
Utility
a utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
Design
a design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Plant Patents
a plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
IFAS primarily deals with plant patents. Due to the expense involved in the patent application process, each invention must be analyzed to determine if filing for a patent is most advantageous. Alternate protections such as Plant Variety Protection (PVP) are also available.
The Importance of Timing in Patent Applications
Patent rights within the United States are obtainable as long as a patent application is filed with the USPTO within one year after the information is first published or dislcosed (ie. presentation, journal publication). In order to seek international protection through foreign patents, however, most countries require that applications be applied for before any disclosure or publication occurs. If the results of the invention are disclosed or published, the inventor runs the risk of losing the ability to protect their invention worldwide. Many inventions are so successful because of their international demand, so being aware of the difference in U.S. and foreign protection is often times crucial.
