Patent | Practical Law

Patent | Practical Law

Patent

Patent

Practical Law Glossary Item 0-502-3398 (Approx. 3 pages)

Glossary

Patent

A form of intellectual property, generally comprising an exclusive right to commercially exploit an invention. The US Patent and Trademark Office (USPTO), under authority of the federal Patent Act, grants utility, plant, and design patents, each applicable to different subject matter and subject to rigorous application and examination procedures.
Utility patents, the most common type, protect inventions (including certain processes, methods, and "compositions of matter" in addition to devices and machines) that are deemed "useful," "novel," and "non-obvious." The owner(s) of a utility patent—the inventor(s) or an assignee—has the right, for a limited time, to exclude others from making, using, offering to sell or selling (within the US), or importing into the US, any article or process covered by the claims stated in the patent, except with a valid license from the patent owner.
For more information on utility patents, see Practice Note, Patent: Overview. For more information on design patents, see Practice Note, Design Patents: Overview