Patents are granted by the U.S. government to whoever invents or discovers new machines, processes, articles of manufacture, compositions of matter, software or business methods. The key statutory requirements for patentability are that the invention must be novel, useful and non-obvious.
Patents provide only the “right to “exclude” others from using an invention. They do not provide the owner the right to practice their own invention as there might be patents owned by others that can block you from using your own invention.
Some business owners believe that patents are not always worth the investment. However, obtaining patent rights is often a value driver for an start-up company and can often enhance an entrepreneurs’ potential to secure funding.
An entrepreneur should secure the services of a qualified patent attorney to determine whether an invention should be patented. Patent law is a highly complex field. Not all patent lawyers have the same expertise as most patent attorneys have very specific degrees. See the list of patent attorneys in the right column.
Securing a patent is a long and costly process. A patent may take up to three years or more to obtain and cost from $2,500 to over $20,000. Patent applications are filed with the U.S. Patent and Trademark Office (USPTO), which evaluates the patentability of an invention.
The U.S. Patent and Trademark Office web site offers comprehensive information on obtaining patent protection.
The web site resources include: