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What is a patent?

A patent is a document that provides an exclusive right to practice an invention for a limited time.  Utility patents deal with new and useful processes, machines, manufactures, or compositions of matter.  35 U.S.C. § 101.  While most patents are utility patents, the U.S. has two other types of patents.  Design patents deal with new, original and ornamental designs for articles of manufacture.  35 U.S.C. § 171.  Plant patents deal with distinct and new varieties of asexually reproduced plants.  35 U.S.C. § 161.

            The document.  A patent generally contains a cover page, figure(s), a written description, and claim(s).  The cover page lists various information about the patent, such as the patent number, the issue date, the title, the inventor's names and residences, the filing date, etc.  The cover page also provides an abstract, or short description of the invention, along with one drawing which best shows the invention.  The written description typically includes background information and a detailed explanation of the invention with reference to the numbered figures.  The claims are numbered paragraphs at the end of the patent which set out the scope of the patent; that is, define in words exactly what is covered by the patent.  An example of a patent is attached as part of this program.

            Exclusive rights.  A patent grants the owner the exclusive right to make, use, sell, offer for sale or import (any of these acts are referred to as "practicing") the invention in the United States.  35 U.S.C. § 271.  An "exclusive right" is the right to stop someone else by bringing a lawsuit against them.  Though often misunderstood, a patent does not make it legal for the owner to practice the invention.  If the invention infringes another patent or is otherwise illegal, practicing the invention by the owner may well be unlawful.  The patent merely gives the right to stop others.  To enforce this right, the patent owner may have to sue alleged infringers in federal court.  Acts occurring outside the U.S. are generally not covered by U.S. patents.

            Limited duration.  The duration of patent protection (referred to as "term" of the patent) is usually twenty years from the filing date of patent application, provided maintenance fees are paid.  If the patent application was filed prior to June 8, 1995, the term may optionally be seventeen years from the issue date of the patent.

            Governing law.  The purpose of the patent laws is "to promote the progress of science and useful arts, by securing for limited times to ... inventor the exclusive right to their respective writings and discoveries."   Art. I, section 8 of the U.S. Constitution.  Accordingly, Congress enacted the Patent Statute at 35 U.S.C. § 1 et seq., with legally binding patent rules at 37 C.F.R. § 1.1 et seq.  Federal courts have exclusive jurisdiction over patent matters.  28 U.S.C. § 1338.

 

 

 

Copyright © 1994 - 2024 by LAWCHEK, LTD.

This is not a substitute for legal advice. An attorney must be consulted.