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What Is A Patent?
A patent is a legal document that protects an invention from being used, copied, or manufactured by anyone other than the inventor (unless express permission is granted by the inventor). This protection lasts for a predetermined period of time. Once a patent expires, the invention loses its protection. There are 3 main types of patents: utility, design and plant patents. Utility patents protect inventions that involve machines, processes and biological or chemical compositions of matter. Design patents cover the aesthetic or ornamental design of articles of manufacture. Plant patents grant rights to anyone who has discovered (or created) a new plant by means of asexual reproduction.
The most common type of patent applied for and granted is the utility patent. If granted, they offer protection for 20 years (beginning from the application date). Design and plant patents are far less common. Design patents grant protection for 14 years while plant patents offer protection for 20 years.
The only person who is legally allowed to apply for a patent is the inventor. Even if the invention was created under the employ of someone else, only the inventor can apply. Once the patent is granted to the inventor, the rights can be transferred to the employer.