A patent is a right to exclude others from making, selling, or using the patented invention for a limited term (20 years after June 8, 1995). A patent is essentially a legally recognized monopoly that the government grants in exchange for a disclosure of how to make and use an invention there are three different types of patents: design patents, plant patents, and utility patents. Design patents protect non-functional, novel design for an article of manufacture. Plant patents protect new and distinct asexually reproducible plant varieties. Utility patents are the most common form of patent protection. Utility patents protect any new, useful process, machine, manufacture or composition of matter or any new or useful improvement thereof.
A patent is obtained by applying with the United States Patent and Trademark Office. The application is examined to determine whether the invention meets the requirements of usefulness, novelty and no obviousness. The application must provide an enabling description of the invention so that one skilled in the relevant art could practice the invention. The “best mode” of practicing the invention must also be disclosed.