Patents and Patentability
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About this tutorial This tutorial was developed by the University of Minnesota Libraries Science Librarians Hannah Cabullo and Meghan Lafferty. Instructional and web design by Andrew Palahniuk. An accompanying tutorial about Patent Searching provides more information about searching for patents. It can be found at http://z.umn.edu/patentsearch. Instructional content in this tutorial is licensed under Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0). For disability accommodations, or to receive this information in alternative formats, contact libid@umn.edu or 612-624-0365.
About this tutorial
Last updated October 2024
Classification(s)
Claims describe what makes the invention unique. They establish the boundaries or scope of an invention and are the standard by which patent rights are measured. To infringe on a patent is to make, use or sell an invention that has all of the elements in one of the claims or closely fits the description in the claims.
The entity (often a company or an organization) to whom the rights of the patent are granted.
Next: Test your knowledge
Parts of a patent
A concise, one paragraph summary of the structure, nature, and purpose of the entire disclosure.
Claims
Assignee(s)
Patent numbers help identify the type of patent you are reading:P = plant patents (e.g. PP04979)D = design patents (e.g. D523255)No letter = utility patents (e.g 6026316)
Abstract
Utility patents are issued for new and useful inventions and processes, machines, manufactures, compositions of matter, or a new and useful improvement to existing inventions. Approximately 90% of the patent documents issued by the USPTO in recent years have been utility patents, also referred to as “patents for invention."
Patent number
List of related patents and other publications to acknowledge prior art and help research. It cites patents from the US and other scholarly sources.
In the United States, patents are granted by the United States Patent and Trademark Office (USPTO) and are valid only within the United States. A patent granted by the United States Government gives the inventor the right to exclude others from making, using, selling, importing, and offering an invention for up to 20 years. A patent makes specific claims that describe the scope of the invention and what makes it unique.
The three types of patents
After completing this tutorial, you will be able to:Recognize when an idea is patentableList the different sections of a patentRecognize the three types of patents
Zippered earphones US D652407
What are patents?
Utility patents
Patents & Patentability
Sapphire component with residual compressive stress US 20140193606
Design patents are issued for a new, original, and ornamental design for an article of manufacture.
Non-obviousness
Patents are a great source of technical information for design and academic research. They contain descriptive and useful information on inventions not necessarily available anywhere else. Patents aim to promote innovation by financially rewarding patent holders.
Design patents
Inventions must differ in some way from all previous technological developments available anywhere in the world. This is also known as prior art.
Novelty
Why are patents important to your research?
Plant patents are issued for new and distinct plants. Both invented plants and discovered asexually-reproduced plants are eligible for patents. Examples include mutants, hybrids, and newly found seedlings.
Plant patents
Inventions must serve a purpose. They cannot merely be aesthetic creations.
The person (or people) who files the patent; the creator of the invention.
Sugar maple tree named Legacy US PP04979
Method and apparatus for use with MR imaging US 6026316
Usefulness
Inventor(s)
Visual representations of the invention, representing every feature described in the claims. They must be in accordance with current USPTO rules.
Short, simple title of the invention.
Posture chair US D523255
Figures
The invention must differ from existing disiplinary knowlege in a way that would not occur to a typical person in the discipline.
Three characteristics of patentable inventions
It’s important for research to be able to recognize the parts of a patent. The example images below are from an actual utility patent. It can be opened here: Method and apparatus for use with MR imaging (US 6026316A)
References
Describes the invention in sufficient detail so that anyone of ordinary skill in the same technical field can understand it. It includes: a discussion of the related prior art (previously issued patents and other publications)a description of the figuresthe "preferred embodiment" of the invention (the implementation of the invention thought to be the best when the patent is filed)the claims
Patents are classified by number. Patents of a similar type will share classification numbers, making it easier to find related inventions.
Footwear US D691351
Utility patents must have the following three characteristics.
Title
Description
In the United States, patents are granted by the United States Patent and Trademark Office (USPTO) and are valid only within the United States. A patent granted by the United States Government gives the inventor the right to exclude others from making, using, selling, importing, and offering an invention for up to 20 years. A patent makes specific claims that describe the scope of the invention and what makes it unique.
What are patents?
Flag rasing and lowering device US 2630779
Learning objectives
After completing this tutorial, you will be able to: Recognize when an idea is patentableList the different sections of a patentRecognize the three types of patents
Why are patents important to your research?
Patents are a great source of technical information for design and academic research. Patents contain descriptive and useful information on inventions not necessarily available anywhere else. Patents aim to promote innovation by financially rewarding patent holders.
Zippered earphones US D652407
Plant patents
Examples include mutants, hybrids, and newly found seedlings.
Plant patents are issued for new and distinct plants. Both invented plants and discovered asexually-reproduced plants are eligible for patents.
Utility patents
Sugar maple tree named Legacy US PP04979
Approximately 90% of the patent documents issued by the USPTO in recent years have been utility patents, also referred to as “patents for invention."
Design patents
The three types of patents
Utility patents are issued for new and useful inventions and processes, machines, manufactures, compositions of matter, or a new and useful improvement to existing inventions.
Classification(s)
Patent number
The person who files the patent; the creator of the invention.
Inventor(s)
Assignee(s)
Title
The entity (often a company or an organization) to whom the rights of the patent are granted.
It’s important for research to be able to recognize the parts of a patent. Select any of the highlighted areas to the right to find out more.  This is an example of an actual utility patent. It can be opened here: Method and apparatus for use with MR imaging (US 6026316A).
List of related patents and other publications to acknowledge prior art and help research. It cites patents from the US and other scholarly sources.
A concise, one paragraph summary of the structure, nature, and purpose of the entire disclosure.
Patents are classified by number. Patents of a similar type will share classification numbers, making it easier to find related inventions.
Short, simple title of the invention.
Explore parts of a patent
Patent numbers help identify the type of patent you are reading:P = plant patents (e.g PP04979)D = design patents (e.g. D523255)No letter = utility patents (e.g 6026316)
References
Abstract
Utility patents must have the following three characteristics.
Sapphire component with residual compressive stress US 20140193606
Novelty
Usefulness
Three characteristics of patentable inventions
Non-obviousness
Inventions must serve a purpose. They cannot merely be aesthetic creations.
HomeLearning objectivesWhat are patents?Why are patents important?The three types of patentsThree characteristics of patentable inventionsExplore parts of a patentAdditional parts of a patentYour turn: Matching patents with typesYour turn: Knowledge check!Review
Visual representations of the invention, representing every feature described in the claims. They must be in accordance with current USPTO rules.
Description
Claims
Claims describe what makes the invention unique. They establish the boundaries or scope of an invention and are the standard by which patent rights are measured. To infringe on a patent is to make, use or sell an invention that has all of the elements in one of the claims or closely fits the description in the claims.
Additional parts of a patent
Figures
Here are additional features found beyond the first page of a patent. Select any of the highlighted areas to the right to find out more.  This is an example of an actual utility patent. It can be opened here: Method and apparatus for use with MR imaging (US 6026316A).
Patent for pharmacy workflow management
design patent
utility patent
plant patent
Patent for a unicorn inflatable suit
Your turn: Match each patent to its patent type
Patent for an apple tree named ‘Starlord’
utility patent try again!
Design patent Correct!
plant patent try again!
design patent try again!
plant patent Correct!
utility patent Correct!
non-obvious
useful
manufacturable
Abstract
What section of the patent describes what the patent does and does not apply to? 
A utility patent applies to inventions that are: (select all that apply)
Description
economically viable
Claims
Your turn: Check your knowledge
Classification
novel
non-obvious Correct!
useful Correct!
economically viable Try again
manufacturable Try again
novel Correct!
Abstract Try again
Claims Correct!
Description Try again
Classification Try again
Patent for a unicorn inflatable suit US D973309
Review
Nicely done! You are now able to: Recognize when an idea is patentableList the different sections of a patentRecognize the three types of patentsIf you would like to learn more about patents, or meet with one of our patent experts, please contact us at www.lib.umn.edu/help.
Nicely done! You are now able toRecognize when an idea is patentableList the different sections of a patentRecognize the three types of patentsIf you would like to learn more about patents, or meet with one of our patent experts, please contact us at www.lib.umn.edu/help.
utility patent
Your turn: Match each patent to its patent type
A utility patent applies to inventions that are: (select all that apply)
Abstract
Description
Patent for a unicorn inflatable suit
Patent for pharmacy workflow management
Patent for an apple tree named “Starlord"
Back
manufacturable
novel
What section of the patent describes what the patent does and does not apply to?
Your turn: Test your knowledge
Review
utility patent Try again!
design patent Correct!
plant patent Try again!
utility patent Try again!
design patent Try again!
plant patent Correct!
utility patent Correct!
non-obvious    |   Correct!
useful    |   Correct!
economically viable Try again
manufacturable Try again
novel    |   Correct!
Abstract Try again
Claims    |   Correct!
Description Try again
Classification Try again