LAWCHEK®
& Lawsonline™
Personal Legal Sourcebooks
"LAWCHEK® Intellectual Property"
This is not a substitute for legal advice. An attorney must be consulted. "This
work is protected under the copyright laws of the United States. No
reproduction, use, or disclosure of this work shall be |
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. |
This is not a substitute for legal
advice. An
attorney must be consulted.
Copyright © 2009 by LAWCHEK, LTD.
Please contact us
with any questions or comments by e-mail at webmaster@lawchek.net
or by phone at 1-800-529-5121.
Membership Terms &
Conditions
Privacy Policy
Disclaimer
This site produced and powered by enlighten technologies,
inc.™.
COPYRIGHT ©1994 - 2013 enlighten technologies incorporated™