Patents 101 - The Basics Of Patent Applications
By Paul Johnson |
A patent is an official document given by a national government to an inventor
(or business or corporation) who wishes to have sole rights over a product for a
limited amount of time. Once the patent is granted, no one else has the right to
make, sell, market, or profit from the invention.
In the United States,
the U.S. Patent and Trademark Office (USPTO) allows inventors and patent owners
(including businesses and corporations) to protect their products and
identification from others. Information can be found at http://www.uspto.gov
Not just anything can be patented. In fact, obtaining a patent may prove
difficult given the necessary paperwork, research and signatures needed. In
order to obtain one, the invention has to be brand new. This new invention has
to also be useful, original, and not easily created. In the United States, these
products might be machines, compositions or methods, and manufactured products.
Ideas cannot be patented, nor can products that have been "improved" or which
have "changed" in size.
Plant patents, which protect non-pollinating
plants, utility patents that protect regular, new inventions, and design
patents, which protect the look or creativity of a tangible product, are
examples of the types of patents that exist under the USPTO.
Patents give
an inventor or business corporation the legal right to own their invention. This
means the patent holder now has a legal monopoly and can do with it, what s/he
desires for the life of the patent. U.S. patents are good for twenty years from
the date the patent was requested. This can be extended, but is difficult to do.
And, payments
to the government must be made throughout the life of the
patent (usually 20 years).
An inventor may sell all their rights to the
patent, or may opt to sell only a certain part of it. When the patent holder
licenses his or her product to a manufacturer, for example, he or she receives
royalties based on the sale of the product or invention.
The phrase
"patent pending" has no legal hold, but simply means that an individual or
corporation is in the act of patenting a certain product. If an item already has
a patent on it, then the copying of this item is
infringement. The patent
holder can file a claim to sue the accused.
About the
Author
Paul Johnson works as a software
developer. Over the last ten years, he's made a variety of inventions which he's
patented. He shares his experiences and advice in a series of articles about us
patent searches and patent applications. Discover valuable advice and
information about patent searches and applications. Website contains useful
articles about us patent searches & applications http://www.us-patentsearch.com/
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