A patent is a government-issued exclusive right that grants inventors legal protection for their novel and useful inventions, preventing others from making, using, or selling the invention for a specified period.
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Last Updated: February 19, 2026
Learn what a patent is, how to get a patent, and how patents protect intellectual property rights in inventions and ideas.
In simple terms, a patent is a type of intellectual property granted to an inventor to help protect their invention from being made or sold by competitors.
Under U. S. patent law, a patent doesn’t give an inventor the right to make or sell an invention. Instead, it grants the inventor the right to exclude others from “making, using, offering for sale, or selling the invention” in the United States. It also gives the inventor the right to prevent others from importing the invention into the country that issued the patent.
Thus, a patent owner has the exclusive right to control who creates, sells, and benefits from the invention during the life of the patent in the country or countries in which they have obtained a patent.
In the United States, the agency responsible for issuing patents is the Patent and Trademark Office (USPTO).
Abstract ideas generally cannot be patented. To patent an idea, someone must describe the idea in enough detail to show that the invention can be created, can work, and will be useful.
To get a patent in the U. S., an inventor must prepare and file an application with the United States Patent and Trademark Office (USPTO). Patents are territorial and are granted by individual countries. If someone wants to protect their invention elsewhere, they need to apply for a patent in each country in which they want protection.
Almost any invention can be patented if it falls into one of these categories:
And is also:
or
Those terms — new, useful, and non-obvious — have very specific and consequential meanings in patent law (see below).
Things that can’t be patented include laws of nature, natural phenomena, and abstract ideas.
There are three types of patents: utility patents, design patents, and plant patents.
Utility patents are the most common. They general cover the way something functions. They are granted for new, useful, and non-obvious inventions that fall into these broad categories:
Design patents are for a new, original, and ornamental design for an article of manufacture. They apply to how something looks, rather than how it works.
Plant patents for the creation of new and distinct varieties of plants. To qualify for a plant patent, the plant must have been asexually reproduced.
Patent law doesn’t really define the word “new.” Instead, it states what disqualifies an invention as “new” and makes it unpatentable.
In the U. S., an invention can’t be patented if any of these circumstances apply before the date the patent is filed:
The phrase “otherwise made available to the public” covers a lot of territory including things like an oral presentation at a scientific meeting, a demonstration at a trade show, a lecture or speech, a statement made on a radio talk show, a YouTube™ video, or a website or other on-line material.
Because of those requirements, using a crowdfunding site to raise money before patenting an invention could jeopardize a person’s ability to obtain a patent.
Similarly, the patentability of an invention could be jeopardized by writing about it in an industry publication, giving an oral presentation, demonstrating the invention at a trade show, talking about it on a radio show or during a speech, or posting videos about it on YouTube.
“Useful,” as far as patents are concerned, means that the invention has a useful purpose and works. The mere suggestion of an idea, or an invention that doesn’t perform what it’s intended to do now, doesn’t qualify for a patent.
Thus, it’s unlikely someone could get a patent for a robotic device that in some future year might be able to plan meals, order needed ingredients, and then cook dinner each night. The idea is appealing, but until that robotic device actually exists and works, it can’t be patented.
Even if an invention meets the “new” test, a patent can be denied if the invention is deemed non-obvious.
To be non-obvious, the invention has to be sufficiently different so it wouldn’t seem obvious to a person having ordinary skill in the art of the invention. The USPTO indicates, for instance, that the substitution of one color for another, or changes in size, are ordinarily not patentable.
Preparing a patent application can be a complex and time-consuming task. Here are the steps an inventor needs to take before moving forward with their application:
Be sure the invention qualifies for a patent. As described above, it must be something new, useful, and non-obvious, or a significant change and improvement in something that exists.
Determine the marketability of the idea. Getting a patent can be time-consuming and a significant expense. Before starting down the path to obtaining a patent, it would be wise to investigate the potential for the invention to make money.
Conduct a patent search. Before applying for a patent, an inventor probably needs to do extensive research to be sure no one has filed for a patent on a similar invention.
Keep a written record of all work. In countries like the U.S., where patents are granted to the first filer (rather than to the first inventor), the written record is primarily for the inventor’s personal use. It helps them keep track of the development of their idea. But having dated, notarized descriptions of all progress might possibly help if someone were to steal the idea before it’s patented.
Prepare and file the patent application. An inventor needs to follow the detailed Patent Application Guides provided by the USPTO to submit their patent application.
Under U.S. law, only individuals, not businesses, can be listed as the inventor of a patent. However, if the individual is employed, they may assign their patent rights to the employer. In many companies, employment contracts require employees to assign patent rights to their employer.
In the U. S., an inventor has one year after the first time the invention is made public (disclosed, used, or sold) to apply for a patent. In many other countries, there is no grace period; the inventor must apply for a patent before any public disclosure is made.
Another consideration in determining when to apply for a patent is that in the U.S and some other countries, patents are granted to the first person or organization to apply. Thus, if two or more individuals develop essentially the same invention, the individual who applies for the patent first will be the one it is granted to, not the person who started working on it first.
A provisional patent is an inexpensive and quick way to protect an invention when the inventor isn’t quite ready to file a full (non-provisional) patent. It establishes an early effective filing date, which is useful if others might be developing a similar concept.
Provisional patents are not examined. The inventor does not have to include claims and shouldn’t include disclosures of prior art.
Provisional patents only last for one year. If someone obtains a provisional patent, they must apply for the non-provisional patent within a year to maintain the patentability of the invention.
The length of time patent protection lasts depends on the type of patent.
Utility patents filed in the United States generally expire 20 years after the date of filing. However, to keep the patent from expiring, the patent holder has to pay maintenance fees to the patent office at certain intervals.
Plant patents granted in the U. S. expire 20 years from the date they are issued. No patent maintenance fees are required for plant patents.
Design patents filed on or after May 13, 2015, expire 15 years after the date they are issued. Design patents filed before that date expire 14 years from the date they were granted. There are no maintenance fees required for design patents.
If an inventor has a small business and they don’t hire an attorney to prepare and file their patent application, the cost to apply for a patent can be as little as $860. For a micro-sized entity, it can be as low as $430. That said, patent law is so complicated that it is not advisable to apply for a full patent without the help of an experienced patent attorney. Because of the amount of work and legal detail involved, the cost of applying for a patent can range from $10,000 to $20,000. or more, including the attorney’s fees.
A provisional patent can be filed for considerably less money. However, as discussed above, it is only a placeholder, establishing the date of filing. The patent holder will still need to file a full patent application within one year.
A patent lets an entrepreneur stop other companies from selling inventions that mimic theirs in their country. It can increase their profits from the invention because the patent lets them control the selling price and stop bigger competitors from marketing their idea or undercutting their prices. A patent can also help an entrepreneur find investors to fund the development and marketing of their invention.
As desirable as patents may seem, they do have disadvantages. One patent disadvantage is the high cost of applying for obtaining and maintain them. Because of the amount of work and legal detail involved, the cost can range from $10,000 to $20,000. or more to secure a patent.
Another disadvantage is that patent law requires an inventor to describe their invention in detail. The detailed descriptions and drawings become part of the public record. They could be useful to competitors who want to create something similar without violating the patent.
Finally, a patent has a limited life. Utility patents and plant patents expire 20 years after the date the patent application was filed. Design patents expire 15 years after the date the patent was granted. Once a patent expires, anyone can make and sell an invention without paying for it.
The term “patent pending” lets others know that the inventor has filed for a patent, but the application has not yet been approved. It can be used when someone has applied for a provisional patent as well as a non-provisional patent.
Legally, anyone can file a patent application without hiring an attorney. But doing so isn’t advisable. Patent law is complicated, and the application process is complex. An attorney who specializes in patent law will be experienced in searching patent records, will know how to handle the details, and will know how to word all claims to offer the most protection for an invention.
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.
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