Patent is a property right granted to the inventor of a new, useful and nonobvious process, machine, manufacture, composition of matter or improvement thereof.


Purpose of the law – to promote innovation by encouraging inventors to disclose their inventions to public.


The inventor gets exclusive right to make, use, sell, offer for sale and import the patented invention.


There are three types of patents:


      Utility Patent – new and useful process, machine, article of manufacture or composition of matter, or any new and useful improvement thereof

      Design Patent – new, original and ornamental design for an article of manufacture

      Plant Patent – distinct and new variety of plant


Requirements to obtain a patent:


The invention must be:


      A sufficiently developed idea (no requirement to have actually made an invention, but must provide an “enabling” disclosure)




Federal Registration of a patent:


      Patent rights attach when the patent is issued

      Patent are limited in geographical scope – granted on a country-by-country basis

      In the United States U.S. Patent and Trademark Office examines patent applications and grant patents

      Patent is granted for 20 years from the date of filing a patent application. Can be renewed thereafter

      As a general rule, patent applications should be filed before disclosing or offering the invention for sale

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