The usual patent meaning is a legal right, granted by a government, that lets an inventor stop others from making, using or selling an invention for a limited time. In return, the inventor must publish how the invention works, so that everyone can learn from it and use it freely once the right expires.
The same word is also an adjective meaning obvious or plain, as in "a patent lie," and it turns up in phrases like patent leather and patent pending. This page gives the legal definition of patent first, then explains each other use and how the patent system works in practice.
Entry at a glance
Meaning
A time-limited legal right over an invention; (adj.) obviousPart of speech
Noun, verb (to patent), adjectivePronunciation
PAT-nt; in Britain the adjective is often PAY-tntWord forms
patents, patented, patentable, patently, patenteeOrigin
From letters patent, Latin litterae patentes, "open letters"Typical length
20 years from filing for most inventions (US, India and many others)Register
Legal and business; adjective is formal
Patent meaning: the bargain behind it
To define patent in one line: it is an exclusive right over an invention, given by the state for a fixed period. Think of it as a bargain. The inventor tells the public exactly how the invention works, and the government promises that, for about twenty years, nobody else may exploit it commercially without permission.
A patent does not give you the right to make your product; other laws and other people's patents may still apply. It gives you the right to exclude others. As a verb, to patent something means to obtain this right: "They patented a cheaper water filter."
What can be patented
Rules differ by country, but an invention generally has to meet three tests:
- New. It must not have been made public anywhere before the filing date.
- Not obvious. A skilled person in the field should not find it an easy next step. India and Europe call this an inventive step.
- Useful. It must work and have some practical or industrial use.
Machines, chemical compounds, medicines, manufacturing methods and some designs can qualify. Pure ideas, laws of nature and discoveries as such cannot. Countries also differ on software and on plants and animals.
How a patent works, step by step
Patents are territorial: a grant in India does not cover the US, and vice versa, so inventors who want wide protection file in several countries. Owners must also pay renewal fees to keep the right alive. They can sell a patent or license it, letting others use it in return for royalties.
Patent, copyright and trademark
| Right | Protects | Example |
|---|---|---|
| Patent | Inventions and how they work | A new battery design |
| Copyright | Original creative works | A novel, a photo, a piece of music |
| Trademark | Names, logos and signs that identify a seller | A shop's name and logo |
Copying a patented invention is infringement, a legal wrong. Copying someone's writing and passing it off as yours is plagiarism, which may or may not also break copyright law.
The adjective: patent means obvious
As an adjective, patent means clear and easy to see. "A patent attempt to dodge the question." The adverb patently is more common than the adjective: "That claim is patently false." In medicine, a patent vessel or airway is one that is open and unblocked.
Patent leather is leather given a hard, glossy finish; the name dates from when the process itself was patented. A historical "patent medicine" was a branded remedy sold directly to the public, often with no proof it worked.
Where the word comes from
It began with letters patent, a phrase in use by the late 1300s. These were open documents from a ruler granting a right, office or privilege, sealed so that anyone could read them, unlike private letters that were folded and sealed shut. The Latin patens means "lying open," from patere, "to be open." In the 1580s the meaning narrowed toward a license for a new invention, and the sense "obvious" grew from the same idea of being open to view.
Frequently asked questions
What is the meaning of patent in simple words?
A patent is a legal right that stops other people from copying your invention for a fixed time, usually twenty years. In exchange, you publish how it works.
What does patent pending mean?
It means an application has been filed but not yet granted. It warns copiers that protection may follow, though in many countries you cannot sue until the patent is actually granted.
How long does a patent last?
For most inventions in the US, India and many other countries, a patent lasts twenty years from the filing date, if renewal fees are paid. Design rights usually run for a shorter period.
What does patently mean?
Patently means clearly or obviously. It is mostly used with negative words, as in patently false or patently unfair.
Can you patent an idea?
No. You can patent a specific, workable invention that meets the legal tests, but not a bare idea, a law of nature or an abstract concept.
How do you pronounce patent?
Most people say PAT-nt. In British English the adjective and patently are often said PAY-tnt.