WHO APPLIES
The inventor is the owner of the patent unless the patent is assigned. Before seeking a patent for an invention, the prospective owner should consider whether the invention the invention is patentable and whether a patent is the preferred method of protecting the invention. A patent grants to the owner the right to exclude others from unauthorized making, using or selling of the patented invention for the patent term, but the patent is granted in exchange for full public disclosure of the invention. The prospective owner may want to consider whether the invention will be disclosed by any proposed marketing or licensing, whether the benefits of the patent will be greater than the costs of acquiring the patent and the likelihood of others making the same discovery or invention.

WHAT IS PATENTABLE?
Generally, new and useful inventions or discoveries are patentable as utility patents. The four categories of utility patents are processes, machines, manufactures and compositions of matter. New and useful improvements to items from the four categories may also be patentable. Abstract ideas, natural phenomena and laws of nature are not patentable subject matter. To be useful the invention must have beneficial utility in society, and not be simply injurious to the morals or health of society. A design patent may be granted for a new, original and ornamental design of an article of manufacture. One must invent and asexually reproduce a distinct and new variety of plant to receive a plant patent.

PATENT CONDITIONS
The invention must be novel as set forth in 35 U.S.C. § 102 and nonobvious as set forth in 35 U.S.C. § 103. Very generally an invention is novel if the patent applicant is the first to invent the invention and if the applicant files an application not more than one year after the first public use, sale or description in a printed publication of the invention. The invention is considered obvious if the invention is, to a person having ordinary skill in the subject matter art, an obvious modification or combination of the prior art.

NATURE OF A PATENT
A patent gives the patent owner the right to exclude others from making, using or selling the patented invention during the term of the patent. The patent does not give the patent owner the right to make, use or sell the patented invention. For example, the patented invention could be a nonobvious modification of a second patented invention and the patent owner could infringe the second patent by making, using or selling the patent owner's invention. The scope of the patent right is defined in the claims of the patent.

REQUIREMENTS
Generally, the requirements for a patent are patentability of the invention and full disclosure of the invention. The invention is disclosed in the patent application. The patent application includes a specification, drawings and an oath. The specification includes a detailed description of the invention that is sufficient to enable one skilled in the subject matter art to practice the invention. The specification also includes the claims. Drawings are required if needed to understand the invention. The inventor must affirm in the oath that the inventor believes the inventor is the first and original inventor of the invention.

EXAMINATION
After the patent application is filed, an Examiner in the U.S. Patent and Trademark Office (USPTO) examines the application. The Examiner prepares an Office Action and may reject the application for failure to meet formal requirements, and may reject the claims for lack of novelty or nonobviousness. The Examiner may also decide that more than one invention is claimed in the application and subject the application to a restriction/election requirement. In response to the Office Action the application should correct the formal deficiencies fro the application. The application may also amend the application to overcome the substantive rejections but may not add new matter. The applicant may also wish to argue that the rejections of claims for lack of novelty or nonobviousness are incorrect. In response to a restriction/election requirement the applicant must elect a group of claims for further examination. Divisional applications can be filed for the nonelected claims. A patent may issue after the Examiner has allowed claims and the applicant has corrected all of the formal deficiencies.

MAINTENANCE
Maintenance fees must be paid at prescribed times after the issue of the patent to prevent expiration of the patent.

INTERNATIONAL PATENTS

INFRINGEMENT
One who makes, uses or sell a patented invention without authorization, infringes the patent. One who actively induces infringement is liable as for infringement. Infringers may be enjoined to prevent further infringement and the patent owner may collect damages from infringers. However, damages may only be recovered infringement for making or selling patented articles for infringement after the infringer receives actual notice form the patent owner unless patented articles are marked with "patent" or "pat." and the patent number. An alleged infringer can avoid liability if the alleged infringer can prove noninfringement or invalidity of the patent.