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What is a patent?
Q: I was wondering if you could clarify what a patent is and what fees apply to getting one. I have been to the U.S. Patent website and there are so many fees listed I can't figure out what is what.
A: A patent is the legal right to exclusively control an invention, and only new inventions may be patented. The law says that any person who invents or discovers any new and useful process, machine, article of manufacture, composition of matter, or any new and useful improvements may obtain a patent. By the same token then, you cannot patent an idea. You must have a tangible invention, and a complete description of the actual machine or other subject matter to be patented is required.
The government, through the Patent and Trademark Office (PTO), issues patents. The patent confers the right to exclude others from making, using or selling the invention throughout the Unites States. A patent owner enjoys a monopoly with regard to the patented invention for the life of the patent. You, as the "patentee," are the only one who can commercially exploit the invention, and others may not commercially exploit it without your authorization.
It is difficult to quote a set fee for a patent application as it depends upon a variety of factors. There are several legal websites that may be of help, including Mycounsel.com, Findlaw.com, and USLaw.com.
Some issues discussed in the expert forum are complex and continually changing.We recommend you consult a professional advisor about your specific circumstances, needs, and applicable laws. More details.