A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell, or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

There are three types of patents: (1) utility patents; (2) design patents; and (3) plant patents.

The Constitution of the United States gives Congress the power to enact laws relating to patents, in Article I, section 8, which reads "Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Under this power Congress has from time to time enacted various laws relating to patents. The first patent law was enacted in 1790. The patent laws underwent a general revision which was enacted July 19, 1952, and which came into effect January 1, 1953. It is codified in Title 35, United States Code. Additionally, on November 29, 1999, Congress enacted the American Inventors Protection Act of 1999 (AIPA), which further revised the patent laws.

The patent law specifies the subject matter for which a patent may be obtained and the conditions for patentability. The law establishes the United States Patent and Trademark Office to administer the law relating to the granting of patents and contains various other provisions relating to patents.

In Nevada, as in all states, patents are governed by federal law, specifically Title 35 of the United States Code. Patents are issued by the United States Patent and Trademark Office (USPTO) and provide inventors with the right to exclude others from making, using, offering for sale, selling, or importing their invention into the United States for a period of 20 years from the filing date of the patent application. This term can be extended under certain circumstances. The patent system is designed to encourage innovation by granting inventors a temporary monopoly on their inventions in exchange for public disclosure of the invention. There are three types of patents: utility, design, and plant patents. The US Constitution grants Congress the authority to enact patent laws, which have evolved over time, including significant revisions in 1952 and the American Inventors Protection Act of 1999. It is important for inventors in Nevada to understand that while the USPTO issues patents and sets the rules for patentability, enforcement of a patent is up to the patentee, and they may need to consult with an attorney if their patent rights are infringed.