Patents

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:

•      Useful

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

•      Novel

•      Non-obvious

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