According to the U.S. Patent and Trademark Office, a U.S. patent gives the inventor the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S. A plant patent gives you additional rights on the “parts” of plants (e.g., a plant patent on an apple variety would include rights on the apples from the plant variety). What is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so. If someone infringes on your patent, you may initiate legal action. U.S. patents are effective only within the U.S. and its territories and possessions. Patents are governed under Title 35 of the U.S.C. and Title 37 of the C.F.R.
The USPTO is the federal agency that grants patents, registers trademarks, and advises the Administration, through the Secretary of Commerce, on intellectual property policy. It primarily publishes information related to patents and trademarks, including granted patents, published patent applications, legal notices, examination guidelines, and general information about the patent application process, all accessible through their website. Below are some helpful publications on the patent process.
The Patent Trial and Appeal Board (PTAB) is a tribunal within the United States Patent and Trademark Office (USPTO). The PTAB reviews patent applications and decisions made by patent examiners. The PTAB oversees trial proceedings, namely: inter partes reviews, post-grant reviews, covered business method (CBM) review, and derivation proceedings. The Board also hears appeals from adverse patentability decisions by patent examiners in original applications, reissues, and reexaminations. For more information on the PTAB, see the publications listed below.
