The US Patent and Trademark Office grants patents for new inventions. The US Constitution sets the right of the government to grant protective rights to authors and inventors in the interest of promoting science and the arts. Congress passed the first US patent law in 1790. There have been numerous revisions to the law over the years. Most recently, Congress passed the American Inventors Protection Act of 1999 (AIPA). It specifies the subject matter and conditions for granting patents.

The law dictates an invention must have a useful purpose, must be original or novel and must be non-obvious. Non-obvious means the invention must not be an obvious or trivial extension of the existing patented invention. The World Trade Organization agreement on Trade Related Aspects of Intellectual Property Rights, or TRIPS set the international standard for the term of a patent to 20 years from the date it is granted. This 20-year “monopoly” allows companies or inventors time receive the economic benefits of their work and recoup the costs of their research and development. After the 20-year term, the invention is open to the public, enabling others to make use of the work.

There are three types of patents as defined by the US Patent and Trademark Office:

• Utility patents are granted for inventions and discoveries of — and improvements to — a new process, machine, article of manufacture or composition of matters. A process refers to a way of doing things. An article of manufacture is anything manufactured. Composition of matters refers to chemical compounds.
• Design patents are for new, original and ornamental designs for an article of manufacture. This typically refers to industrial designs. Artistic designs may be covered under Copyright or Trademark protection, depending on the nature of the design. The term of a design patent in the US is 14 years.
• Plant patents are granted for inventing or discovering and reproducing a distinct new variety of plant.

The inventor or owner of the IP typically must apply for the patent for his or her own invention. If an inventor is dead or declared insane, a legal representative or guardian of the inventor may apply for the patent on the inventor’s behalf. Additionally, a joint-inventor or person with proprietary interest may apply on behalf of an inventor in certain cases.

Patents provide protection for the inventor or originator of the IP; however, they can be revoked if it is later proven they were improperly granted. Essentially, patents are limited duration “monopolies.”