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

Patents and patent applications are two different types of intellectual property rights. A patent is a legally recognized right to exclude others from making, using, or selling an invention for a specific period of time. To obtain a patent, an inventor must apply for and be granted a patent by the United States Patent and Trademark Office (USPTO). A patent application is the process by which an inventor applies for a patent. It is a document filed with the USPTO that provides the USPTO with the necessary information to determine whether the invention should be granted a patent. The patent application includes a detailed description of how the invention works and a claim outlining the patentable material that the inventor would like to have protected. In North Carolina, once a patent application is filed with the USPTO, it is put through a comprehensive review process. This process can take several months and may require additional documents or revisions from the applicant. A patent can only be granted to an invention after the application is reviewed and accepted by the USPTO. Once a patent is granted, the inventor is granted exclusive rights to make, use, and sell the invention. Patent applications are the first step in obtaining a patent, but the inventor cannot enforce any of the rights granted until a patent has been granted.

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