What exactly are patents? A patent is a legal shield that gives its owner the exclusive legal right to prohibit others from making, using or selling an invention throughout a designated time period in exchange for publication of an enabling statement or an application describing the invention. There is generally a requirement that the invention be unmodified and the claimed invention must have been disclosed to the patent office prior to filing. It is not necessary that all claimed inventions must meet the requirements for patentability; a mere suspicion that the invention is patentable may enable the patent examiner to deny the patent.
The United States Patent and Trademark Office (USPTO); issues patents to protect the rights granted to the inventors of published inventions. If your idea was protected by a prior patent, there is no need to file a new patent application. However, if an earlier published patent was infringed upon, you may want to consider appealing the decision to the United States Supreme Court.
The United States Congress has enacted several acts intended to help the innovator; inventor, and patent applicant receive a patent for the products or processes described in their inventions. Among these acts are the provisions regarding published rules for mandatory processing designated publications; mandatory reporting to the USPTO of prior activity by designated publications; and the automatic stay of judgments enforcing federal patent rights against unlicensed individuals or sellers. These laws were enacted to encourage innovation and discourage barriers to the free trade of ideas among nations. The 20 years rule is intended to extend the duration of patents from one year to twenty years.
In the past, patents could only be granted for an idea; procedure, machine, design, process, or manufacture. Currently, there are four specific types of patents that are granted to an inventor upon filing. These types of patents include a utility patent, design patent, plant patent, and plant disease patent. In addition, some jurisdictions limit the duration of time for which a product or technology may be patented. These limits vary among nations.
A utility patent; generally, allows an individual to secure protection for an intangible commercial product or technology. This term is not limited to tangible property rights, but also includes a right to protect the abstract idea itself. This is referred to as the “invention” or “improvement” term. The inventors may obtain protection for one or more of the following categories: process methods, processes, manufactured actions, designs, and the like. These patents provide the inventor with the exclusive right to exploit the protected invention in order to make money or to advance the business through procuring protection for its commercial use.
A design patent; on the other hand, gives the patent holder the exclusive right to distinguish his or her invention from the prior art. This term refers to the ability to distinguish one or more characteristics of an idea or invention from those of all others which have been previously made. Examples of design patents include logos, signs, symbols, fonts, symbols, and artistic style. Utility patents generally limit the time period during which the patent holder may exercise the rights, but don’t restrict the right to make money off the idea itself. Both design patents and utility patents are often contentious and a lengthy legal battle can last years.
