Patents
A patent is an exclusive right granted by the government to an inventor to make, sell, or use his invention for a period of time. Patents are granted by Congress which is empowered by the Constitution, and federal statutes and governing rules. On the other hand, the US Patent and Trademark Office grant patents for inventions that meet statutory criteria.
Patents are categorized into three types:
- Utility patents – These are patents granted to new machines, processes and chemicals
- Design patents – These refer to patents granted to protect the unique appeared of manufactured material or objects such as surface ornamentation or overall design of the object
- Plant patents – These are patents granted for the invention and asexual reproduction of new and distinct plant varieties and hybrids.
The United States Patent and Trademark Office (USTPO) is the main government agency that administers the granting of patents for inventions, and performs other duties related to patents. Generally, it examines applications for patents to determine their qualifications under the conditions set by law. It also publishes issued patents, record assignment of patents and maintains a database to examine issued patents and records. In addition, it also supplies copies of records and related documents.
Under the law, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement” may obtain a patent, subject to the requirements and conditions of the law.
Although patents may cover practically everything that is made by man and the processes involved in its production, the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
In addition, a patent cannot be obtained on a mere idea or suggestion; rather on something – a machine, manufacture, etc. – that has been said. Therefore, a complete description of the actual machine or subject matter for which the patent is sought, is required.
A patent for an invention cannot be obtained under the following circumstances:
- If the invention was known or used by other people in the country, or patented or described in a printed publication in the US or a foreign country, before the date the applicant made his invention.
- If the invention was patented or described in a publication in the US or a foreign country, or in public use or sale in the US more than one year prior to the application for patent.
Potential issues may arise with regard to the application and use of patents. Similar to other intellectual property rights issues, disputes involving patent rights must be handled by a knowledgeable intellectual property lawyer.
Business and Corporate Attorney can assist you in all the legal procedures involving patent registration, and represent you in claims and litigation involving intellectual property issues.
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