A Contract Between the U.S. & the Inventor
Located in Portland, Oregon, Baumgartner Patent Law provides patent application attorney services worldwide.
A patent is a contract between the United States government and holder of the invention and granted by the federal government through the USPTO. States are not allowed to issue patents.
What is a Patent?
A patent protects an invention and gives an exclusive right to the benefits of design. The terms of the contract are simple. The United States grants the inventor the right to exclude others from making, using, selling, and offering to sell the patented invention for some time.
Only an issued patent can adequately protect a design. A granted patent gives its owner the right to exclude others from making, using, offering for sale, selling, or importing the patented invention. Patent rights are territorial.
Currently, the life of a patent is 20 years from the filing date of the patent application that was the basis for the issuance of the patent.
Types of Patents
The types of patents are utility patents, design patents, plant patents.
Relate to a new or improved machine, article of manufacture, a composition of matter, or a process.
Relate to an original, useful, and ornamental or aesthetic article of manufacture.
Relate to a new asexually reproducible variety of plants.
Additionally, there are two types of "international" patent applications.
How To Obtain a Patent
A patent application must be filed with the USPTO. This application can only be prepared and filed by the inventor or by someone approved by the USPTO. The four types of patent applications.