{"id":5080,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/what-is-a-patent.html"},"modified":"2025-01-13T11:33:22","modified_gmt":"2025-01-13T16:33:22","slug":"what-is-a-patent","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/what-is-a-patent.html","title":{"rendered":"What Is a Patent?"},"content":{"rendered":"\n
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What Is a Patent?<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A patent is a right granted to an inventor by the federal government that gives the inventor exclusive rights to that invention. These rights prohibit others from making, selling, or using the invention without permission for a period of time. Small business owners, entrepreneurs, and early-stage startups should address intellectual property<\/a> protection (IP protection) if they have invented a new product. Patents help protect against theft of intellectual property or trade secrets.<\/p>\r\n

This FindLaw article provides a general overview of patents and how to protect your intellectual property.<\/p>\r\n

Understanding Patents<\/h2>\r\n

The patent system encourages inventions that are unique and useful to society. Congress has the power to grant patents in the Constitution, and federal statutes also govern patents. The United States Patent and Trademark Office (USPTO) <\/a>grants patents for inventions that meet statutory criteria<\/a>.<\/p>\r\n

Patent Categories<\/h3>\r\n

There are three different categories or types of patents: Utility patents, design patents and plant patents.<\/p>\r\n

Utility Patents<\/b><\/p>\r\n

Utility patents<\/a> are the most common type of patent. These grant protection to new machines, chemicals, and processes. An example is a delayed windshield wiper system.<\/p>\r\n

Design Patents<\/b><\/p>\r\n

Design patents<\/a> are a type of patent that protects manufactured objects’ unique appearance or design\u200b. The ornamental design, or outward appearance, gets protection. An example is the original glass bottle for Coca-Cola.<\/p>\r\n

Plant Patents<\/b><\/p>\r\n

Plant patents<\/a> are a type of patent that protects the invention and asexual reproduction of a new variety of plants, such as hybrids. Asexual reproduction is when a plant reproduces in ways other than from naturally occurring seed such as by grafting or rooting cuttings. An example is the Irish potato.<\/p>\r\n

Determining What Is Patentable<\/h2>\r\n

For an invention to qualify for a patent<\/a>, it must meet the following criteria:<\/p>\r\n