Patents 101: What Entrepreneurs Should Know

If you’ve created something new and useful, you should consider seeking patent protection. Whether you’re launching a startup in Kansas City or growing a small business in Boulder, securing a patent can prevent others from using your invention and give you a competitive advantage.

Startups and small businesses frequently develop innovative products, processes, and technologies. In some cases, securing a patent can be a crucial step in protecting your intellectual property and ensuring exclusive rights to your invention.

(Confused about IP? Learn the differences between copyrights, trademarks, trade secrets, and patents here.)

What is a patent and what does it protect?

A patent grants the exclusive right to prevent others from making, using, selling, or offering to sell the invention without permission. The term “invention” covers a broad range of innovations, including:

• Industrial or technical processes
• Machines and mechanical devices
• Manufactured products
• Chemical compositions and formulas
• New and useful improvements to existing inventions

To qualify for protection, an invention must be:

1. Useful – It must serve a functional purpose.
2. New – It cannot be publicly known before the application is filed.
3. Non-obvious – It must involve an inventive step beyond what already exists.

What types of patents are there?

There are three main types of patents:

• Utility – Protect useful processes, machines, manufactured goods, or chemical compositions.
• Design – Protect the ornamental design of a functional item.
• Plant – Protect newly discovered, asexually reproducible plant varieties.

How do you secure rights?

To obtain rights, you must file an application with the USPTO. An application typically includes:

• A detailed description of the invention and its benefits
• Drawings or diagrams illustrating the invention
• Claims, which define the specific aspects of the invention that are legally protected
• Disclosure of prior art (previous patents or inventions related to your application)

The process is time-sensitive. If you publicly disclose your invention, the clock starts ticking. Speaking with a patent attorney as soon as possible is highly recommended to avoid missing critical filing deadlines.

Once granted, protection will usually (but not always) last for 20 years from the filing date.

What constitutes infringement?

Patent infringement occurs when someone makes, uses, sells, or offers to sell a protected invention without authorization.

Disputes and infringement claims have become increasingly common, making it essential to:

• Avoid infringing on existing patents by conducting thorough research before launching a new product.
• Monitor the market to ensure others are not infringing on your rights.

Patents can be valuable business assets, but protection is only as strong as the enforcement behind it. Startups and businesses that rely on technology should have a clear legal strategy for both securing and defending their rights.

*This article is general in nature and is not legal advice.