Inventors are not required to participate in the patent system and they can elect instead to try to keep their invention a trade secret. However, if the inventor begins to sell his or her invention or allows the public to use it, others can study the invention and create impostor products. If this happens, the original inventor has no protection because he or she did not obtain a patent. Design patents are granted to protect a unique appearance or design of an article of manufacture, whether it be surface ornamentation or the overall configuration of an object. Plant patents are granted for the invention and asexual reproduction of a new and distinct variety of plant, including mutants and hybrids.
Utility patents are perhaps the most familiar, applying to machines, chemicals, and processes.
Governing Laws Patent law in the United States is based upon statutes located in title 35 of the U.S. Code, including the Patent Act of 1952. The rules of the Patent and Trademark Office, found in title 37 of the Code of Federal Regulations, provide secondary authority. The GATT Implementation Act was signed into law in 1994, and its provisions that impact U.S. patent law began to take effect in 1995. Patent Duration One important change in U.S. patent law resulting from GATT is the duration of U.S. patents. Patents were originally given fourteen-year terms from the date of issue, until that was changed in 1861.