Who Needs to Apply for a Patent?

by Heather Webb

Overview

Apply for a patent if you have developed a new invention.

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The United States Patent and Trademark Office (USPTO) issues patents for new inventions, products, processes, designs and plants. A patent gives the pholder the right to exclude others from making, using, selling or importing the product in the United States.
Inventors

According to the USPTO website, if you invent or discover a new process, machine, article of manufacture (a product you made) or composition of matter (a mixture of multiple substances that has different properties than the ingredients), you might need to apply for a utility patent.

Designers

You can apply for a design patent if you invent a design for an article of manufacture as long as it is new, original and ornamental. The patent will cover only the appearance of the article, not the structure or function, according to the website.
Plant Inventors

If you invent or discover a new variety of plant, as well as asexually reproduce the plant, you can apply for a plant patent, according to the USPTO website. To asexually reproduce a plant, you must use a different method than seeds.
Legal Representatives

Under the patent law, the inventor is the only person who can apply for the patent, with a few exceptions. If the inventor is deceased, a legal representative, such as the executor of the estate, may apply for the patent. If the inventor is mentally ill, a guardian can apply for the patent, according to the website.
Multiple Inventors

Multiple inventors must apply for a patent as joint inventors, according to the USPTO website. A financial contributor is not a joint inventor, however.