I have a great concept. Can I patent it?

Patents are protections granted to inventors that prevent others from making or selling an invention. In fact, the original patent application required a working model of the invention along with the application. While modern patents are available for designs, there are no patents available for concepts.

What is a patent?
According to the US Patent and Trademark Office, a patent is “…the grant of a property right to the inventor…that gives the inventor the right to exclude others from making, using, offering for sale, or selling.” Patents are only granted by the US Patent and Trademark office, but must be protected by the owner from infringement. Patents are granted to inventors for inventions, not concepts.

What kinds of patents are available?
There are three types of patents that the US Patent and Trademark Office grants. The first type of patent is a utility patent. According to the US Patent and Trademark Office, this patent is granted to “anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” An example of a valid utility patent would be for someone who invents a new scratch-proof computer disc.

The next type of patent available is a design patent. This patent is available to an inventor who creates a new design for an invention that already exists. For example, Apple Industries is able to obtain a design patent for every unique iPod skin they create, even though the general structure remains the same, because they are patenting the design.

The third type of patent issued is a plant patent. Plant patents are available for anyone who makes and reproduces a new variety of plant. For example, a new rose is created annually for the Rose Bowl Parade. This rose is patented by its inventor under a plant patent.

Is there any way I can protect my concept?
Original works of authorship can be protected with a copyright. So, put your concept on paper and send a copy along with the copyright form to the Copyright Office.

Case Studies: Understanding Patents and Intellectual Property Protection

Case Study 1: Protecting an Invention With a Utility Patent

John, an aspiring inventor, has developed a new and efficient solar-powered water purification system. To safeguard his invention from being copied or sold by others, John decides to seek patent protection. He files a utility patent application with the US Patent and Trademark Office, providing a detailed description of his invention, along with the necessary diagrams and technical specifications.

After a thorough examination process, his invention is deemed patentable, and he receives a utility patent. This grant gives John the exclusive rights to manufacture, use, and sell his solar-powered water purification system, ensuring that others cannot infringe upon his invention.

Case Study 2: Obtaining a Design Patent for a Unique Product Design

Emily works for a renowned technology company, Gadgetic Inc., which manufactures innovative electronic devices. Emily is tasked with designing a new smartphone model that features a distinctive external design. Although the internal components remain the same, the external appearance showcases unique aesthetics and functional features.

Aware of the value of intellectual property protection, Emily files a design patent application with the US Patent and Trademark Office. The application includes detailed illustrations and descriptions of the specific design elements that set the smartphone apart from existing models. After a thorough review, Gadgetic Inc. successfully obtains a design patent, ensuring that their unique smartphone design is protected from imitation by competitors.

Case Study 3: Patenting a New Plant Variety

Jennifer, a botanist, successfully cultivates a new species of orchid with vibrant colors and an extended blooming period. Recognizing the commercial potential of her creation, Jennifer decides to apply for a plant patent to safeguard her unique orchid variety. She files a plant patent application, providing detailed descriptions of the plant’s characteristics, cultivation methods, and reproductive processes.

After evaluation by the US Patent and Trademark Office, Jennifer’s application is approved, granting her the exclusive rights to propagate and distribute her new orchid variety. This protection ensures that others cannot reproduce or sell her unique creation without her permission.