A right granted to an inventor or discoverer by the government is known as a patent. The discoverer is allowed to prevent or stop any other individual from making or even selling the invention without permission. It is important to note that patents are applicable to some improvements on process, products and newly developed technology. Adding claims to a patent is allowed if rights of a discoverer are infringed.

For any invention to be patentable it should be new or it has never been made public anywhere else before the application is made. The facts should not be obvious to an individual with experience or good knowledge of the subject. The discovery should be capable of being used or applied in some type of industry.

Naturally occurring items and also laws of nature are not patentable. Fundamental truths, mathematical formulas, abstract principles and calculation methods are also not patentable. It is important that a process, which uses a certain principle, method or formula, can be patented provided that required procedures are followed. Unsafe drugs, inventions with no legal use, ideas and suggestions that are considered to be obvious are rarely patented.

Utility patent is one of the three categories of patent. This type is associated with new processes, chemicals and machines. Design patents are issued with intention of protecting appearance of a recently manufactured commodity or even design of a particular commodity. Plant patents are issued upon discovery of plant varieties, which are new.

Any individual intending to apply for these rights should be ready and willing to show that the discovery is not only helpful, but also useful. The invention must not only be operable, but also have a beneficial use. A facility is said not to be useful if it is not capable of performing the task it was made for. Some of the patentable items are genetically engineered animals, plants and bacteria, computer software and hardware, medical devices, musical instruments, chemical formulas and processes, drugs, furniture design and jewelry.

Patents do not come up automatically. Discoverers should make an application in order to be granted with the rights. One should make an application within one year of disclosing his or her invention. Discoverers are advised to search thoroughly so as to know whether his or her discovery is feasible or not. Every country has a department that receives the application and the fees. Plant and utility patents last for about twenty years from the day application is made as long as one pays the maintenance fees. When a patent expires, it becomes a public item and can be sold or used by any person.

If you have invented a machine and you are a patent holder, you definitely have all the rights and powers to sue any individual you may find using or selling your discovery without your permission. For every case won, the patent holder is given back attorney fee, amount used as damages caused and an injunction. These types of cases are costly and time consuming.

If you have a discovery and you want to have it protected, it is important to do proper research in order to have proper understanding of intellectual property law and patent law. In case you intend to protect your novel invention, contact an experienced patent law attorney and he or she will provide you with legal assistance you may require.