When it comes to patents, there can be some confusion in determining whether you need one, or if you don’t need one at all. A patent is essentially a name that grants the owner of an invention the legal authority to prohibit others from making, possessing, or selling an invention during a specified period of time in return for publishing an authorized disclosing public announcement of the invention. In the US, a patent application must meet certain requirements, and prior to issuance of the patent, the USPTO will determine whether your invention meets these requirements. In many cases, it is not actually necessary for you to file a patent.
The United States Patent and Trademark Office (“USPTO”); defines a patent as an original assignment of an idea, process, machine, design, method, formula, combination, or description of the disclosed subject matter. In other words, a patent is a property right that allows the inventor to limit others’ use of his inventions. A USPTO staff attorney explains that a patent gives the inventor “a permanent legal right to prevent others from doing anything that would infringe upon the inventor’s rights.” This includes preventing others from selling, copying, or publicly performing the invention. Although a patent cannot give the inventor control over the product, it does allow the inventor to prevent others from performing any of the activities related to the product once it has been patented. In addition, a patent gives the inventor the right to recover expenses and damages from anyone who violates the patent.
One of the most common reasons for a patent application; is an inventive leap from previously existing products to new products. Many times, however, patents are sought for utility patents, which protect the routine processes that constitute a useful process throughout a product’s lifespan. Other examples include novel treatments for diseases, physical systems, chemical processes, and other specific activities.
The difficulty in obtaining a patent arises when the patent applicant; is unable to clearly describe the invention in terms that a patent can recognize as being original. Additionally, there are some things that a person must do to ensure that their patent application qualifies as unique. Typically, this involves submitting prior art, which is information regarding inventions that might have been made earlier but were not protected under patents. Examples of prior art include previously published scientific papers, designs for previous inventions, blueprints, designs for medical equipment, and so on. The USPTO encourages prior art submission but will not let the patent applicant edit the prior art so that the invention is protected from others’ attempts to duplicate or modify the prior art. This requirement helps to ensure that only the unique and obvious aspects of the patent are patented.
When seeking a patent, there are two ways to apply for a patent: inclusive or exclusive. An exclusive application is designed to protect an invention from competition. Uniqueness is another essential factor in determining whether an invention is eligible for an exclusive patent. An exclusive application requests the courts to treat the patent applicant as an original innovator who filed the patent application only after developing the invention independently. An inclusive application does not restrict the inventor from sharing the invention with anyone else and does not require the inventor to disclose the invention at any step in the process of developing the invention. Some national courts will allow an inclusive application, but most prefer an exclusive application because it provides the protection desired without preventing the inventor from sharing the invention with others.
In the United States; many states have laws regarding patents. The state laws generally provide that if an individual invents a new invention and applies for federal certification of that invention, the individual must submit copies of all papers related to the invention to the United States Patent and Trademark Office. The patents office then reviews those documents and determines whether the patent would infringe upon another party’s patent. If it does, the state laws provide that the patent will be illegal if it is adopted. The PTO provides information about all state’s laws on patents and the most recent information regarding international patents can be obtained through its website.
