Patents Overview:
A patent is the grant of a property right by a state to an inventor. Generally, a patent protects new and non-obvious ideas that are useful, and which are not excluded from protection. What is excluded differs from jurisdiction to jurisdiction and changes as technology evolves. The property right granted to a patent varies by country, but usually includes the right to exclude others from making, using, selling, offering to sell or importing the invention. Like other property rights, a patent may be sold, licensed, mortgaged, assigned or transferred.

In the U.S. there are three types of patents: Utility Patents, which 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 Patents, which may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture (i.e. the stylistic shape of a product); and Plant Patents, which are associated with discovering new varieties of plants. With respect to Utility Patents, the term “useful” means that the subject matter must have a useful purpose and must operate to perform the intended purpose.

How Long Does a Patent Last?
Provided renewal fees are paid, a patent generally lasts 20 years from the date of filing. However, some countries have “working provisions,” which require that the invention be exploited in the jurisdiction in order to maintain the patent right.

Who Can Own a Patent? 
In most countries, both natural persons and corporate entities may apply for a patent. In the U.S., however, only the natural person(s) (i.e. the inventor(s)) may apply for a patent. If there is more than one inventor listed on the patent application, then each inventor will own the patent separately from the other. In the U.S., it is common for inventors to assign their ownership rights to a corporate entity. Corporations often require employees to assign patent ownership rights to the company as a condition of employment.

How is a Patent Acquired?
Most countries grant patents according to a “first to file” system, under which the first party to file a patent application for a patentable invention obtains the patent. However, one of the few notable exceptions to this system is the United States, which operates a “first to invent” system. Under this system, the first inventor obtains rights to an invention regardless of whether he or she is the first to file a patent application for that invention. This system is thought to protect the small inventor who may not be able to afford to timely file a patent application. However, in order to obtain the patent, the inventor must submit a registration with the patent office.

In the United States, the patent application must sufficiently describe the invention so that an ordinarily skilled person in the relevant art can make and use it. In addition, the application must contain “claims,” which set forth the scope of the invention for which exclusive rights are sought. To be granted, the patent examiner must determine that the invention is new, useful and nonobvious. An invention is considered new if it was not already in the “prior art” (i.e. publicly known or used prior to the filing of the application). The nonobvious requirement means that the invention must not have been obvious to a person having ordinary skill in the relevant art at the time the invention was made.

International Patent Issues.
A patent applicant can use the filing date of its U.S. application as a ‘priority date’ in attempting to secure foreign patent rights. To do so, the applicant may file directly with the foreign countries’ patent offices or through an international patent convention such as the Paris Convention. In Europe, applicants have the option of filing a single application (a European Patent Application) and designating the jurisdictions in which protection is sought. Under both the Paris Convention and the European Patent Convention, the application must be filed within one year of the filing date of the corresponding U.S. application.