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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.
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