Got a Better Mousetrap?

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How a Patent Works

A patent for an invention generally grants a property right to the inventor for a term of 20 years from the date on which the inventor filed the application for the patent in the United States or from the date of an earlier related application. U.S. patent grants are effective only within the United States, its territories and possessions, which is why inventors often must seek international patents.

The USPTO does not grant the inventor the right to make, use, offer for sale, sell or import the item. It does grant the inventor the right to exclude others from doing so. Its in the best interest of the United States to protect the intellectual endeavors of its citizens to encourage commerce and promote the countrys technological edge and ability to compete in the global marketplace.

The founding forefathers were on top of this issue. The U.S. Constitution gives Congress the power to enact laws relating to patents to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. Once a patent is issued, however, youre on your own to enforce it without aid from the patent office.

The USPTO has three patent classifications:

A utility patent is granted to an individual who invents or discovers any new and useful process, machine, article of manufacture or compositions of matters or any new useful improvement thereof. All jargon aside, you would seek a utility patent to protect that famous better mousetrap. Worldwide Safetys collapsible orange safety cone and the cone shooter that dispenses it are protected under separate utility patents.

A design patent is granted to inventors of a new, original and ornamental design for an article of manufacture that would change the look of something. An example might be a decorative hair clip.

A plant patent protects your work if you invent or discover and asexually reproduce any distinct and new variety of plants. If you were thinking about cloning, it would be covered under the utility patent category as a new process.

Going the Distance

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