A patent is a document issued by the U.S. Patent and Trademark Office located in Arlington, Virginia, that grants to an inventor the legally enforceable right to exclude others from making, selling, distributing or using an invention in the U.S. territory. Congress allows this exclusive right, often considered a limited monopoly, to encourage the public disclosure of technical information and as an incentive for investing in their commercialization. Like other forms of property, the rights granted in the patent can be inherited, sold, rented, mortgaged and even taxed. When a patent expires or is held invalid, this exclusive right ceases.
Types of Patent
There are three primary types of patent: Utility, Design, and Plant.
Utility Patents
A utility patent is the type of patent that is awarded to inventions that perform useful functions. Most of the patents that are issued are of this variety, and in fact most people who simply use the term "patent" are referring to a utility patent. Utility patents can be obtained for a thing, a method for making a thing, and/or a method for using a thing. Many times the news media will report that something that is quite old or well known has been recently patented. Almost always the old thing has not been patented, but rather a new and patentable method of making the thing or perhaps a new and patentable method for using the thing is what has been patented.
A utility patent, once granted, provides the owner of the patent the right to prevent others from making, using, selling and importing a product that is covered by the utility patent. This right extends for a period of time that is 20 years after the filing date of the patent application. Under some circumstances this time period may be extended. Extensions are rare, unless the patent covers a pharmaceutical product.
Design Patents
Design patents can be a useful tool in your intellectual property arsenal, particularly when you are attempting to create overlapping protection, thereby developing a true intellectual property portfolio. Having said this, it is important to know the limitations of design patents. Design patents do NOT protect an idea or an invention, but rather only protect ornamental design of exactly what is pictured. They are VERY easy to get, which is why many invention and idea companies push them on people, who unsuspectingly think they have broad protection of their idea or invention. Many patent professionals will refer to a design patent as a picture patent.
This is helpful when understanding the limits of the protection.As with any general statement there are exceptions. The truth is that if you only have a design patent you will likely be dissatisfied with the strength of your protection. Design patents can, however, take on great strength when they are acquired in bulk.
Plant Patents
Patents to plants which are stable and reproduced by asexual reproduction, and not a potato or other edible tuber reproduced plant, are provided for by Title 35 United States Code, Section 161 which states: Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefore, subject to the conditions and requirements of title.
The subject matter of the application would be a plant which developed or discovered by applicant, and which has been found stable by asexual reproduction. To be patentable, it would also be required:
• That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area.
• That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke.
• That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant.
• That the plant has not been sold or released in the United States of America more than one year prior to the date of the application.
• That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent.
• That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc.
• The invention would not have been obvious to one skilled in the art at the time of invention by applicant.
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Monday, February 12, 2007
Saturday, February 10, 2007
Who may apply for a Patent?
According to patent law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties.
If The Inventor Is Dead, Insane, or Refuses to Patent
If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
Co-Inventors
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.
The inventor or the company employing the inventor
When someone makes an invention, and does so as an employee of a company, usually the company owns the right to apply for a patent. The exception once again is the United States, where only natural persons may apply for a patent. In the USA, the employee will typically have a clause in his employment contract stating that he assigns all his patent rights to the company. The filing is then done on behalf of the employee, but the rights immediately go to the company.
Most countries do require that the employee's activities are in some way related to the invention. If the janitor invents a new medicine, his company will not automatically own the patent rights to that medicine. However, if a researcher in a medical company invents the same medicine, his company does.
The company may be required to pay the inventor compensation, unless his salary is deemed adequate for an inventor. In Germany, if a company decides it does not want to apply for a patent on an invention one of its employees invented, the employee has the right to apply for the patent himself.
Often, an inventor will assign all or a portion of their legal interests in an invention to a third party, such as an employer, prior to filing the patent application. In this instance, the third party may have the patent application prepared; however, the Declaration or Oath would still have to be signed by the inventor. Typically, an Assignment document would be executed and submitted to the U.S. Patent & Trademark Office with the application. The Assignment document, would then allow the third party to prosecute the patent application through the U.S. Patent & Trademark Office.
If an innocent mistake is made regarding the inventor or inventors, it usually can be corrected. In some instances, the name of a joint inventor may have to be deleted from the patent application. Usually this occurs when joint inventors have invented separate elements in certain claims and those claims, during prosecution of the patent application, have been deleted entirely or modified to delete the specific elements.
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If The Inventor Is Dead, Insane, or Refuses to Patent
If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
Co-Inventors
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.
The inventor or the company employing the inventor
When someone makes an invention, and does so as an employee of a company, usually the company owns the right to apply for a patent. The exception once again is the United States, where only natural persons may apply for a patent. In the USA, the employee will typically have a clause in his employment contract stating that he assigns all his patent rights to the company. The filing is then done on behalf of the employee, but the rights immediately go to the company.
Most countries do require that the employee's activities are in some way related to the invention. If the janitor invents a new medicine, his company will not automatically own the patent rights to that medicine. However, if a researcher in a medical company invents the same medicine, his company does.
The company may be required to pay the inventor compensation, unless his salary is deemed adequate for an inventor. In Germany, if a company decides it does not want to apply for a patent on an invention one of its employees invented, the employee has the right to apply for the patent himself.
Often, an inventor will assign all or a portion of their legal interests in an invention to a third party, such as an employer, prior to filing the patent application. In this instance, the third party may have the patent application prepared; however, the Declaration or Oath would still have to be signed by the inventor. Typically, an Assignment document would be executed and submitted to the U.S. Patent & Trademark Office with the application. The Assignment document, would then allow the third party to prosecute the patent application through the U.S. Patent & Trademark Office.
If an innocent mistake is made regarding the inventor or inventors, it usually can be corrected. In some instances, the name of a joint inventor may have to be deleted from the patent application. Usually this occurs when joint inventors have invented separate elements in certain claims and those claims, during prosecution of the patent application, have been deleted entirely or modified to delete the specific elements.
For more details on Apply for a Patent visit at http://www.halfvalue.com and http://www.halfvalue.co.uk
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Friday, February 09, 2007
How to apply for a Patent?
According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if granted, would be invalid. Further, the person who falsely states that he/she is the inventor in the Declaration or Oath which is submitted with the application, would also be subject to criminal penalties.
If the inventor is dead, the application may be made by his/her legal representative. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a propriety interest in the invention may apply on behalf of the missing inventor.
How to apply?
Applying for a patent can be a lengthy process, and any mistakes in your application will slow things down further. They can also prove expensive and might mean you fail to get a patent or that it fails to give you broad enough protection. You'd be well advised to seek professional advice from a patent agent.You should never publicly disclose details of your invention before applying for a patent. If you must disclose your invention, you are strongly advised to consider entering into a non-disclosure agreement.
Procedure to apply:
If you want to apply for a patent, first complete a patent specification. This includes a full description of your invention and any drawings to which the description refers.
You usually then have 12 months to:
• File your claims - precise statements about the invention you want to protect
• Submit an abstract
• Pay a fee for a search to check whether any similar inventions have been published before
• Additional information can be found at the Patent Office website, where you can:
• Read a description of what a claim should include
• Read details of what you should include in your summary
• Download the form for requesting a preliminary examination and search (PDF)
• Find out about the patent search and advisory service
• During this time you must also decide if you wish to file for patents in other countries.
If all is in order, the Patent Office will publish your application. You must then pay a fee for a substantive examination by the Patent Office. If the application is successful, it will be published again in its granted form. This can be a lengthy process. Download the form for requesting a substantive examination from the Patent Office website (PDF).
During the application process you may want to use the words "patent pending" on products utilising the patent you're applying for and in advertisements for such products. This can discourage potential competitors.
For more details on Patent visit at http://www.halfvalue.com and http://www.halfvalue.co.uk
For more Books information visit at http://www.lookbookstores.com
If the inventor is dead, the application may be made by his/her legal representative. If the inventor is insane, the application for patent may be made by a guardian. If an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a propriety interest in the invention may apply on behalf of the missing inventor.
How to apply?
Applying for a patent can be a lengthy process, and any mistakes in your application will slow things down further. They can also prove expensive and might mean you fail to get a patent or that it fails to give you broad enough protection. You'd be well advised to seek professional advice from a patent agent.You should never publicly disclose details of your invention before applying for a patent. If you must disclose your invention, you are strongly advised to consider entering into a non-disclosure agreement.
Procedure to apply:
If you want to apply for a patent, first complete a patent specification. This includes a full description of your invention and any drawings to which the description refers.
You usually then have 12 months to:
• File your claims - precise statements about the invention you want to protect
• Submit an abstract
• Pay a fee for a search to check whether any similar inventions have been published before
• Additional information can be found at the Patent Office website, where you can:
• Read a description of what a claim should include
• Read details of what you should include in your summary
• Download the form for requesting a preliminary examination and search (PDF)
• Find out about the patent search and advisory service
• During this time you must also decide if you wish to file for patents in other countries.
If all is in order, the Patent Office will publish your application. You must then pay a fee for a substantive examination by the Patent Office. If the application is successful, it will be published again in its granted form. This can be a lengthy process. Download the form for requesting a substantive examination from the Patent Office website (PDF).
During the application process you may want to use the words "patent pending" on products utilising the patent you're applying for and in advertisements for such products. This can discourage potential competitors.
For more details on Patent visit at http://www.halfvalue.com and http://www.halfvalue.co.uk
For more Books information visit at http://www.lookbookstores.com
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