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Intellectual Property Information
Patents

What is a Patent?
U.S. Patents
International Patents
Researching Patent Topics and Issues
Famous Inventors, Inventions and Discoveries
Searching for Patents

 

What Is A Patent?

A patent is a government grant that bestows certain property rights on the inventor; these rights usually permit the inventor to exclude others from making, using, or selling the invention.

 

U.S. Patents

Types of Patents

In the U.S., three types of patents are granted:

  • Utility patents
    are granted for any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. Utility patents have a term of 20 years from date of filing. For more details about what can be patented see:

  • Design patents
    are granted for a new, original, and ornamental design for an article of manufacture. Design patents have a term of 14 years from date of issuance. More details about what is a design patent, are available at:

  • Plant patents
    are granted for asexually reproduced, distinct, and new variety of plants. Plant patents have a term of 20 years from date of filing. More details about what is a plant patent, are available at:



U.S. Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) is responsible for examining patent applications and granting patents in the U.S. The USPTO is part of the U.S. Department of Commerce. There are no Arizona State agencies involved in the patenting process.

 

Agency: U.S. Patent and Trademark Office
Location:

Public Search Facility
Madison East Bldg.,
1st Floor
600 Dulany Street
Alexandria, VA

For directions see:
http://www.uspto.gov/main/directions_alex.htm
Mailing Address: U.S. Patent and Trademark Office
Mail Stop USPTO Contact Center
P.O. Box 1450
Alexandria, VA 22313-1450

For detailed contact information see:
http://www.uspto.gov/web/menu/feedback.html

E-mail: usptoinfo@uspto.gov (Subject line must read: Patents)
Web Site: http://www.uspto.gov
Phone: 1-800-PTO-9199
Hours: M-F 8am-5pm ET (Offices)
M-F 8am-8pm ET (Phone Helpline)




Inventors Association of Arizona

"The Inventors Association of Arizona is a non-profit, educational and networking organization. The organization provides inventors, entrepreneurs and individuals with access to a centralized source of information on issues regarding: patent, trademark and copyrighting; R&D, prototypes and product development; manufacturing; marketing; product licensing." (from an IAA brochure)

Inventors Association of Arizona
P.O. Box 12217
Tucson, AZ 85732
(520) 751-9966 or toll free (888) 299-6787
fax (520) 722-2840
http://www.azinventors.org

Invention Promotion Firms

There are a number of invention promotion firms that advertise locally and nationally. To better determine whether or not such firms are legitimate, first consult the following sites:

  • USPTO: Independent Inventor Resources
    • Scam Prevention
      http://www.uspto.gov/web/offices/com/iip/documents/scamprevent.pdf
    • Complaint Forum
      http://www.uspto.gov/web/offices/com/iip/complaints.htm
      "While the USPTO does not investigate complaints or participate in any legal proceedings against invention promoters/promotion firms, ... the USPTO will provide a public forum for the publication of complaints concerning invention promoters/promotion firms." This page includes:
      • A list of published complaints .
      • Instructions on how to use the Federal Trade Commission's web site to find complaints against invention promoters.
      • How to file a complaint.



Applying for a Patent

Each of the 3 types of patents has its own filing requirements. The US Patent and Trademark Office has a web page for each patent type that explains in detail what is needed for an appliation. Start with the following page that links to the details for each patent type.

A provisional application for a patent allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. It provides the means to establish an early effective filing date in a non-provisional patent application (i.e., the "regular" patent application). It also allows the term "Patent Pending" to be applied.

For more information about Provisional Patents, including how to file and cautions about filing, see:

Forms for patent application and other transactions are available in PDF (Adobe Acrobat format) on the USPTO's website at the following page:

  • USPTO Forms
    http://www.uspto.gov/web/forms/index.html

Fees vary depending on the type of patent and other circumstances. Each type of patent has a non-refundable application fee, an issuance fee (if the patent is granted) and for utility patents maintenance fees are required at certain intervals to keep the patent "in force" for its full term. To view the current fees, see the following page and click on the link for the current fee schedule.

  • Fees
    http://www.uspto.gov/main/howtofees.htm



U.S. Patent Law

For the legislation and regulation information about patents, see the following sites:



For More Information

The listing of commercial, for-profit sites does not represent an endorsement by the Arizona Board of Regents, Arizona State University or the University Libraries. The following sites are listed for informational purposes only and do not constitute legal advice.

 

International Patents

There are over 100 countries and/or agencies worldwide that grant patents. Each country has its own laws governing intellectual property.

Patent Cooperation Treaty (PCT)

Patents designated as "WO" (ex. WO0116074) are PCT applications. The Patent Cooperation Treaty (PCT) is an international agreement among 100+ countries so that an inventor can file a single international patent application that confers certain advantages. The most important advantage is the extention of the time period in which an inventor must file in other countries, thereby delaying expenditures and giving the inventor more time to consider the necessity or viability in filing with specific countries. By the end of the PCT time period, the inventor must file with those countries in which protection is desired. In the United States, the U.S. Patent and Trademark Office handles PCT applications. For more information:

 

Researching Patent Topics and Issues

To find materials about patent topics and issues use the following databases:

 

Searching for Patents