What is the difference between a patent and a patent application?

Patents and patent applications are both legal documents used when a person or company wishes to protect their invention. The main difference between the two is when they are used. A patent is a legal document granted by the U.S. Patent and Trademark Office (USPTO) that grants the inventor the exclusive right to use an invention for up to 20 years. As such, it serves as a legal form of protection for the inventor’s idea or concept. With a patent, the inventor will have the exclusive right to create, use, and distribute their product or process. A patent application, on the other hand, is a legal document used to start the patent process. It must be filed with the USPTO in order for the patent to be granted. A patent application contains a detailed description of the invention and the claims that the invention should be protected from being used, sold, or copied by other companies or individuals. In short, a patent grants the inventor the exclusive right to use their invention while a patent application is used to start the patent process and provide protection from others using, selling, or copying the invention. In New York, an inventor must have a patent in place to ensure they have exclusive right to their inventions.

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