Definitions
What is a "utility patent"?
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture or compositions of matters or any new, useful improvement of any of these.
What is a "design patent"?
A design patent may be granted to anyone who invents a new, original and ornamental design for an article of manufacture.
What is a "plant patent"?
A plant patent may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants.
What is a "business method patent"?
The Internet boom brought a whole new way to reach customers and sell products. In turn, e-commerce spurred creative minds to develop business processes that leveraged the power of the Internet.
What does "process" mean under the patent law?
"Process" is defined by the patent law as a process, act or method, and primarily includes industrial or technical processes.
What does "machine" mean under the patent law?
The term "machine" used in the statute means "machine." The general definition of a "machine" as a mechanical device suffices here.
What does "manufacture" mean under the patent law?
The term "manufacture" refers to articles that are made and includes all manufactured articles.
What does "composition of matter" mean under the patent law?
The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds.
What does it mean when I see "Patent Applied For" or "Patent Pending" on an article or product?
A patentee who makes or sells patented articles or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. If the patentee fails to mark the patented article, the patentee may not recover damages from an infringer unless the infringer was notified of the infringement and continued to infringe after the notice.
SIDEBAR: The marking of an article as patented when it is not in fact patented is against the law and subjects the person who falsely marks an article as patented to a penalty.
The phrases "Patent Applied For" or "Patent Pending" have no legal effect but only give information that an application for patent has been filed in the USPTO. They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the USPTO. The protection afforded by a patent does not start until the actual grant of the patent. While these phrases have no legal effect in and of themselves, false use of these phrases or their equivalent is against the law.