Patent FAQs

There are three main types: 

• Utility patents (for new and useful processes, machines, manufactures, or compositions of matter) 

• Design patents (for new, original, and ornamental designs) 

• Plant patents (for new and distinct asexually reproduced plant varieties)  

In the United States, utility patents may last up to 20 years from the filing date, provided that the maintenance fees are paid.  Design patents last 15 years from the date of grant (no maintenance fees required). Design patents last 15 years from the date of grant (no maintenance fees required).     

An invention must be new (novel), useful, and non-obvious. It can be a process, machine, manufactured item, composition of matter, or an improvement thereof. Abstract ideas, natural phenomena, and laws of nature cannot be patented.

You will not know until your patent is approved.  However, you can conduct a prior art search prior to filing for a patent application. A prior art search is conducted to determine novelty. The invention must also meet subject matter eligibility and utility requirements.

Inventions generated solely by AI without meaningful human input cannot be patented under current U.S. and international patent laws. However, you can obtain a patent for an AI-assisted invention if a natural person (human) significantly contributed to the invention’s conception. Examples of significant contributions include designing or refining the AI’s output through iterative human judgment and making critical decisions in integrating AI-generated results into a practical application. 

A provisional application allows inventors to establish an early filing date and use “patent pending” status, but it does not itself mature into a granted patent unless followed by a non-provisional application within 12 months. Provisional patent applications are unique to the United States, but the priority date may be used when filing in other countries or regions under the Patent Cooperation Treaty (PCT) patent process.  

“Patent pending” indicates that a patent application has been filed but not yet granted. It provides no legal protection until the patent is issued.

Costs vary widely depending on the complexity of the invention, attorney fees, and filing fees. Utility patents are generally more expensive than design or plant patents.

In the United States, utility patents typically take 2–4 years or more. Design and plant patents may take about 1–2 years. There are reasons and programs to accelerate the process.  

No, patents are territorial and only valid in the country or region where they are granted. International protection requires separate filings in each jurisdiction. When deciding whether to file for patent protection, decisions regarding filing in other countries or regions should be made in conjunction with the first filing.  

In the U.S., inventors have one year from certain public disclosures, or offers for sale, to file a patent application. After that, the invention may no longer be patentable.  Other countries or regions do not have this one-year rule. 

Prior art includes any evidence that your invention is already known, such as existing patents, publications, or public uses. It can prevent an invention from being patented.

Once a patent expires, the invention enters the public domain and can be freely used by anyone. A patent cannot be renewed.  

Patent maintenance fees are mandatory payments made to the United States Patent and Trademark Office (USPTO) to keep a granted utility patent in force. These fees are required for all utility and reissue utility patents around 3.5 years, 7.5 years and 11.5 years after the patent issues. They are not required for design or plant patent. 

There is a 6-month grace period to pay, with an additional surcharge, if you miss the maintenance fee due date. If you miss both the original deadline and the 6-month grace period, your patent will expire. However, you can petition the USPTO to accept a late payment if the delay was unintentional or unavoidable. Unintentional is a lower standard and the basis most usually used. For unintentional, you must file a petition stating that the delay in payment was unintentional and pay the required maintenance fee and a petition fee.  You should promptly act upon discovering the missed payment, as delays may require additional explanation and supporting evidence. Note that petitions filed within two years of the patent’s expiration for nonpayment are generally processed more quickly. If more than two years have passed, the USPTO will require more detailed information to prove the entire delay was unintentional. 

Yes, if the improvement is novel, useful, and non-obvious. 

Yes, patents are intellectual property and can be sold, licensed, or assigned to others.