After forming a company, entrepreneurs can secure exclusive rights to their inventions by filing a patent application with the USPTO. This application includes detailed descriptions, drawings, and claims outlining the invention's scope.
There are three main patent types---utility patents for processes--- machines, or compositions of matter--,design patents for ornamental designs---,and plant patents for distinct plant varieties.
The USPTO examines the application to determine patentability. Once granted the patent provides exclusive rights to make, use, and sell the invention for about 20 years from the filing date.
In the USA, newly formed companies can register patents and inventions through the United States Patent and Trademark Office (USPTO), following a process that includes filing a patent application, specifying the invention, and meeting requirements of novelty, utility, and non-obviousness.
Here's a more detailed breakdown:
Filing a Patent Application:
Newly formed companies must file a patent application with the USPTO, which includes a detailed description of the invention, claims outlining the scope of protection sought, and any relevant drawings.
Requirements for Patentability:
To secure a patent, the invention must meet specific criteria, including being within statutory guidelines, demonstrating novelty (being something new), and showing utility (being useful and functional).
Types of Patent Applications:
Companies can file either a non-provisional patent application (which is the standard application) or a provisional patent application (which provides a "place-holder" for a later non-provisional application).
Priority Claim:
US patent registration follows a specific term within which the applicant must file their conventional application or provisional application to claim priority. This term is 12 months from the date of filing of the first application, also known as the patent priority date.
Patent Examination:
After filing, the USPTO will examine the application to determine if the invention meets the requirements for patentability.
Patent Grant:
If the invention is deemed patentable, the USPTO will issue a patent, granting the company exclusive rights to the invention for a specified period.
Post-Grant Activities:
After the patent is granted, the company can enforce its patent rights against others who may be infringing on the patented invention.
