What Is a Patent? A Complete Guide for Inventors and Entrepreneurs

Understanding Patents: Your Key to Protecting Innovation

A patent is a government-granted exclusive right that prevents others from making, using, selling, or importing your invention for a limited time period. Under 35 U.S.C. § 101, the United States Patent and Trademark Office (USPTO) grants patents for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

For inventors and entrepreneurs, patents represent more than legal documents—they're powerful business assets that can generate licensing revenue, attract investors, prevent competition, and increase company valuation by millions of dollars. Understanding how patents work is the first step toward leveraging intellectual property for business success.

At Yomtobian Law, we guide inventors through every stage of the patent process, from initial patent searches through application filing, prosecution, and enforcement.

The Constitutional Foundation of Patents

The U.S. patent system derives its authority from Article I, Section 8, Clause 8 of the Constitution, which grants Congress power "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."

This constitutional provision reflects a fundamental bargain: inventors receive temporary monopolies in exchange for public disclosure of their inventions. After patents expire, inventions enter the public domain, enabling others to build upon disclosed innovations. This system has driven American technological advancement for over two centuries, from the cotton gin and telephone to smartphones and gene therapies.

The USPTO, established in 1790, administers the patent system under Title 35 of the United States Code. The current Patent Act, largely based on the 1952 Patent Act with subsequent amendments including the America Invents Act of 2011, sets forth detailed requirements for obtaining and enforcing patent rights.

What Rights Does a Patent Grant?

Under 35 U.S.C. § 154, a patent grants its owner the right to exclude others from:

• Making the patented invention

• Using the patented invention

• Selling the patented invention

• Offering to sell the patented invention

• Importing the patented invention into the United States

Critically, patents grant negative rights—the right to prevent others from using your invention—not positive rights to make or sell your own invention. You might hold a patent but still be unable to practice your invention if doing so would infringe someone else's earlier patent. This distinction surprises many inventors but reflects patent law's fundamental structure.

Example: You patent an improved smartphone camera with five lenses. Your patent prevents others from making five-lens cameras using your specific design. However, if your camera requires technology covered by earlier patents (image processors, lens coatings, autofocus mechanisms), you need licenses from those patent holders to manufacture your camera legally.

Patent rights are territorial—U.S. patents provide protection only within the United States. International protection requires filing separate applications in foreign countries, either directly or through international treaties like the Patent Cooperation Treaty (PCT).

Types of Patents: Utility, Design, and Plant

The USPTO grants three distinct types of patents, each protecting different aspects of innovation:

Utility Patents (35 U.S.C. § 101)

Utility patents protect the functional aspects of inventions—how things work. They're the most common patent type, covering:

Processes: Methods, procedures, or techniques (manufacturing processes, chemical reactions, business methods, software algorithms)

Machines: Devices with moving or stationary parts (engines, robots, computers, tools)

Manufactures: Manufactured items or articles (furniture, containers, composite materials)

Compositions of Matter: Chemical compositions, pharmaceuticals, materials (drugs, alloys, polymers)

Utility patents last 20 years from the filing date (or earliest priority date for continuation applications) and require maintenance fees at 3.5, 7.5, and 11.5 years to remain enforceable.

Example: The iPhone's multi-touch interface technology, method for swiping to unlock, and antenna design are all protected by utility patents covering functional innovations.

Design Patents (35 U.S.C. § 171)

Design patents protect the ornamental appearance of functional items—how things look. They cover:

• Shape and configuration

• Surface ornamentation

• Overall visual appearance

• Combination of shape and ornamentation

Design patents require that designs be ornamental (aesthetically pleasing), not primarily functional. If a design feature is dictated by function rather than aesthetics, it's ineligible for design patent protection.

Design patents last 15 years from grant (for applications filed after May 13, 2015) and require no maintenance fees. They're particularly valuable for consumer products where appearance drives purchasing decisions.

Example: Coca-Cola's distinctive contoured bottle shape, Apple's iPhone design, and Crocs' distinctive shoe design are all protected by design patents.

Plant Patents (35 U.S.C. § 161)

Plant patents protect asexually reproduced distinct and new varieties of plants, including:

• Cultivated sports

• Mutants

• Hybrids

• Newly found seedlings

Plant patents exclude naturally occurring plants and those reproduced from seed. They last 20 years from filing and protect the right to exclude others from asexually reproducing, selling, or using the protected plant variety.

At Yomtobian Law, we focus primarily on utility and design patents for inventors and businesses developing innovative products and technologies. Our comprehensive patent prosecution services guide clients through selecting the appropriate patent type for their innovations.

What Can Be Patented? The Statutory Requirements

Not every invention qualifies for patent protection. According to MPEP § 2104, patents require meeting several statutory requirements:

Subject Matter Eligibility (35 U.S.C. § 101)

Inventions must fall within one of four statutory categories: process, machine, manufacture, or composition of matter. However, courts have recognized judicial exceptions:

Abstract Ideas: Mathematical formulas, fundamental economic practices, and methods of organizing human activity are generally ineligible. The Supreme Court's decision in Alice Corp. v. CLS Bank Int'l, 573 U.S. 208 (2014), established that abstract ideas implemented on generic computers are patent-ineligible unless they provide a technical solution to a technical problem.

Laws of Nature: Natural phenomena like E=mc² cannot be patented, though practical applications of natural laws may be patentable.

Natural Products: Naturally occurring substances are ineligible, but purified or modified versions may qualify. In Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 576 (2013), the Supreme Court held that isolated DNA is not patentable as it occurs naturally, but synthetically created DNA (cDNA) is patentable.

These eligibility issues frequently arise in software, business methods, and biotechnology patents, requiring careful claim drafting to emphasize technical improvements and practical applications.

Novelty (35 U.S.C. § 102)

Inventions must be new—not publicly disclosed before the filing date. The America Invents Act of 2011 transitioned the U.S. to a first-inventor-to-file system, making filing dates critical.

Prior art includes:

• Earlier patents and patent applications

• Published articles and books

• Public use or sale

• Public disclosure anywhere in the world

The AIA provides a 12-month grace period for inventors' own disclosures, but relying on this grace period is risky as it doesn't protect against others filing first or preclude foreign patent rights.

Non-Obviousness (35 U.S.C. § 103)

Inventions must be non-obvious to a person having ordinary skill in the art (PHOSITA) at the time of invention. This subjective standard prevents patents on trivial variations of existing technology.

The Supreme Court in Graham v. John Deere Co., 383 U.S. 1 (1966), established factors for evaluating obviousness:

• Scope and content of prior art

• Differences between prior art and claimed invention

• Level of ordinary skill in the art

• Secondary considerations (commercial success, long-felt need, failure of others)

Obviousness is the most common ground for patent rejection, accounting for approximately 60% of USPTO refusals according to agency statistics.

Utility (35 U.S.C. § 101)

Inventions must be useful—provide specific, substantial, and credible utility. This low bar is easily met for most mechanical and electrical inventions but can be challenging for pharmaceutical and chemical inventions where utility must be proven.

Enablement and Written Description (35 U.S.C. § 112)

Patent applications must describe inventions in sufficient detail that persons skilled in the art can make and use them without undue experimentation. The specification must demonstrate that inventors possessed the claimed invention at filing time.

These disclosure requirements prevent claiming inventions you haven't actually invented and ensure patents fulfill their constitutional purpose of advancing public knowledge.

The Patent Application Process: From Idea to Grant

Obtaining a patent involves multiple stages, typically taking 18-24 months for straightforward applications:

Stage 1: Prior Art Search and Patentability Analysis

Before filing, conduct comprehensive searches of existing patents, publications, and products to assess novelty and non-obviousness. Professional patentability searches cost $1,500-$3,000 but prevent wasting resources on unpatentable inventions.

Stage 2: Application Drafting and Filing

Patent applications require:

Specification: Detailed description of the invention, including background, summary, detailed description, and examples

Claims: Numbered sentences defining the invention's scope and boundaries—the most important part determining protection breadth

Drawings: Figures illustrating the invention (required for most utility patents)

Declaration: Oath or declaration that inventor believes they are the first inventor

Filing Fee: Currently $320 for large entities, $160 for small entities, $80 for micro entities (plus additional fees based on claim count)

Applications can be filed as provisional applications (providing 12-month priority without formal requirements) or non-provisional applications (full examination). For strategic guidance on provisional vs. non-provisional patents, consult with experienced patent counsel.

Stage 3: USPTO Examination

After filing, applications enter examination queue. According to USPTO statistics, average time to first office action is currently 16-18 months. Examiners review applications for compliance with statutory requirements and issue office actions identifying deficiencies.

Most applications receive at least one rejection. Responding effectively to office actions requires technical and legal expertise, often determining whether applications ultimately result in granted patents.

Stage 4: Allowance and Grant

Once examiners determine applications meet all requirements, they issue Notices of Allowance. Applicants pay issue fees (currently $1,200 for large entities), and patents issue approximately 4-6 weeks later.

Stage 5: Maintenance and Enforcement

After grant, patent owners must pay maintenance fees at 3.5, 7.5, and 11.5 years ($1,600-$7,400 depending on entity size). Patents lapse if maintenance fees aren't paid.

Enforcement requires actively monitoring for infringement and taking action through cease and desist letters, licensing negotiations, or patent litigation. For comprehensive guidance on patent enforcement strategies, work with experienced IP counsel.

Common Patent Misconceptions

"I Have One Year to File After Public Disclosure"

While the U.S. provides a 12-month grace period for inventors' own disclosures, most foreign countries don't. Public disclosure before filing typically bars foreign patent rights. Additionally, others can file before you during that 12 months, potentially blocking your application.

Best Practice: File before any public disclosure, including conference presentations, journal publications, product launches, or crowdfunding campaigns.

"My Provisional Patent Protects Me"

"Provisional patent" is misleading terminology. Provisional applications provide priority dates and "Patent Pending" status but don't mature into granted patents. You must file non-provisional applications within 12 months to preserve priority. Provisional applications that lack sufficient detail don't provide valid priority for later-filed claims.

"Patents Are Too Expensive for Small Businesses"

While full-service patent prosecution costs $8,000-$15,000, patents can be obtained for less through careful strategy. Micro entity fees, DIY provisional applications, and focused prosecution can reduce costs. More importantly, patents' value—licensing revenue, investor appeal, competitive barriers—often far exceeds acquisition costs.

"I Can Just Get a Utility Patent Later"

Once products are publicly sold or disclosed, obtaining patents becomes difficult or impossible. The first-to-file system makes filing timing critical. Competitors who file first can block your later applications even if you invented first.

How Patents Create Business Value

Patents generate value through multiple mechanisms:

Licensing Revenue

License patents to others, generating royalty income without manufacturing or selling products yourself. Licensing rates typically range from 2-10% of licensed product revenues.

Example: IBM generates approximately $1 billion annually from its 40,000+ patent portfolio through licensing agreements with technology companies worldwide.

Increased Valuation

Patents significantly increase company valuations, particularly for technology startups. Investors view patent portfolios as valuable assets indicating innovation capacity and competitive moats.

Example: When Google acquired Motorola Mobility for $12.5 billion in 2011, analysts attributed $5-7 billion of the purchase price to Motorola's 17,000 patents.

Competitive Barriers

Patents prevent competitors from copying innovations, providing temporary monopolies that enable premium pricing and market exclusivity during patent terms.

Defensive Protection

Build patent portfolios for defensive purposes—deterring litigation from competitors who might hesitate to sue companies holding patents that could support counter-claims.

Strategic Positioning

Use patents in cross-licensing negotiations, enabling access to others' patented technologies while granting them access to yours.

Why Work with Yomtobian Law for Patent Protection

At Yomtobian Law, we provide comprehensive patent prosecution services designed specifically for inventors and entrepreneurs:

Experienced Patent Counsel: Licensed patent attorney with technical background and extensive prosecution experience across technologies including software, mechanical devices, consumer products, and business methods.

Strategic Patent Planning: We don't just file applications—we develop patent strategies aligned with business goals, identifying which innovations merit protection and how to maximize patent value.

Cost-Effective Services: Transparent pricing with no hidden fees. We work with clients to develop cost-effective patent strategies fitting budgets while securing meaningful protection.

Responsive Communication: Direct attorney communication throughout prosecution. You work with the attorney handling your case, not paralegals or junior associates.

Technical Expertise: Engineering background enables us to quickly understand complex technologies and communicate effectively with USPTO examiners.

Don't risk losing patent rights through delays or inadequate protection. The first-to-file system makes timing critical—every day of delay increases the risk that competitors will file first, blocking your ability to obtain patents.

Ready to protect your innovation with a strong patent? Contact Yomtobian Law today for a confidential consultation. Call us now or schedule online at https://www.yomtobianlaw.com/book-online to discuss how we can help secure patent protection for your invention. Don't let competitors steal your ideas—act now to protect what's yours.

Frequently Asked Questions

Q: How much does a patent cost?

Patent costs vary based on complexity and prosecution difficulty. Filing fees range from $80-$320 depending on entity size. Attorney fees for utility patents typically range $8,000-$15,000 for preparation and prosecution through grant. Design patents cost $2,500-$5,000. Provisional applications cost $2,000-$4,000.

Q: How long does it take to get a patent?

Currently, utility patents take 18-36 months from filing to grant depending on technology field and examination complexity. Design patents typically take 12-18 months. Timing can be accelerated through Track One prioritized examination (additional $1,000-$4,000 fee) reducing examination to 6-12 months.

Q: Can I patent an idea?

No. Patents protect specific implementations and embodiments of inventions, not abstract ideas. You must have developed your idea to the point where someone skilled in the field could build it from your description.

Q: Do I need a prototype before filing?

No. Patents require sufficient written description and drawings to enable someone skilled in the art to make and use the invention. Working prototypes aren't required, though they can help refine understanding before filing.

Q: Can I file a patent myself without an attorney?

Yes, but it's risky. USPTO statistics show pro se applications have significantly lower grant rates and weaker claims than attorney-drafted applications. Patent law is complex, and mistakes can result in unenforceable patents or forfeited rights.

Q: What's the difference between patents and trademarks?

Patents protect functional and ornamental aspects of inventions. Trademarks protect brand names, logos, and source identifiers. Patents expire after 20 years; trademarks can last indefinitely with proper use and renewal.

Q: Can software be patented?

Yes, but it's challenging. Software patents must demonstrate technical improvements to computer functioning, not merely implement abstract ideas on generic computers. The Alice/Mayo framework governs software patent eligibility.

Q: What happens if someone infringes my patent?

Patent owners can sue infringers in federal court, seeking injunctions (orders stopping infringement), damages (monetary compensation), and in willful infringement cases, treble damages and attorney fees. Many cases settle through licensing negotiations.

Q: Can I enforce my patent internationally?

No. Patents are territorial. U.S. patents provide rights only in the United States. International enforcement requires obtaining patents in foreign countries through PCT applications or direct foreign filing.

DISCLAIMER: This article provides general information about patent law and does not constitute legal advice. Patent law is complex and fact-specific. Outcomes depend on your specific invention, prior art, and prosecution strategy. Consult with a licensed patent attorney before making decisions about pursuing patent protection. Yomtobian Law provides this information for educational purposes and does not create an attorney-client relationship through this article. For specific guidance about your invention, contact Yomtobian Law for a confidential consultation.