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 South Carolina, as in all states, patents are governed by federal law, specifically Title 35 of the United States Code. A patent provides the inventor with a property right, which is the right to exclude others from making, using, offering for sale, selling, or importing the patented invention in the United States and its territories and possessions for a period generally lasting 20 years from the filing date of the patent application. This term can be extended under certain circumstances. The United States Patent and Trademark Office (USPTO) is responsible for administering patent laws and issuing patents, but does not assist in enforcement. Patent enforcement is the responsibility of the patentee. There are three types of patents: utility, design, and plant patents. The U.S. Constitution empowers Congress to enact patent laws to promote the progress of science and the useful arts, and significant revisions to these laws were made in 1952 and with the American Inventors Protection Act of 1999. To be patentable, an invention must meet certain conditions specified by the patent law.