Summary


    A patent gives one the right to exclude others from making, using, offering for sale, or selling an invention in the United States or importing an invention into the United States.

    Inventions must be nonobvious, novel, and have utility.

    Plant patents are for any new variety of plant, other than a tuber-propagated plants or plants found in an uncultivated state.

    When a utility or plant patent expires, the subject matter of the patent becomes public domain.

    Patents applications must be filed within one year of public announcement / sale

    Provisional patents allow you to delay patent filing for up to one year

    Plant and utility patents last 20 years from the date of filing.

    Good notebooks are vital to a patent's strength.

A patent does not give you the right to make, use, sell, or import a given invention - it allows you to prevent others from doing so.


See a Sample Biotechnology Patent

For information on approved pharmaceutical and biotechnology drugs and their patents, visit DrugPatentWatch.com

Previous Patent law for non-lawyers

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