Patents
A patent is defined as a legal document granted by the government giving an inventor the right to exclude others from making, offering to sell, selling, using or importing an invention for a specified number of years. Patent law is one area or branch of the larger area of law known as “intellectual property.” Intellectual property also includes copyright law and trademark.The Purpose of Patents
The purpose of patents or the patent system not only protects the inventor, but also serves to encourage the inventor to move forward with the project through completion. In the United States, the life of the patent begins on the date the application for the patent is filed, and lasts for 20 years. To remain competitive, certain industries must rely on new ideas and methods in the area of technology. Because of this, patent protection is of great economical importance in the pharmaceutical industry and the computer industry as well as the chemical industry, among others.
Obtaining a Patent
Obtaining a patent can be a costly, frustrating and time-consuming process because the U.S. Patent and Trademark Office (PTO) is understaffed and overwhelmed by applications. Most inventors need to hire a patent lawyer, or “patent agent,” to help them through the application process. During the application process, the inventor must disclose all information pertaining to the invention. This includes but is not limited to:
- Drawings or illustrations of the invention
- A general description of the invention
- An explanation of the mechanics of the invention (assembly and how it works)
An invention qualifies for a patent if it is original, a notable improvement to existing technology, meaningful or useful. On the other hand, inventions are considered useless if they can only be used for immoral or illegal purposes. In addition to machinery, appliances, pharmaceuticals and chemicals, patents are also granted for industrial designs, business methods, computer programs and even living organisms created for research purposes. Works of art, books, movies and laws of nature cannot be patented.
Protecting Patent Rights
If a patentee feels his patent rights have been violated, he can sue the infringer in federal court to prevent future acts of infringement and recover any damages. U.S. patents do not provide rights in other countries. In order to protect an invention outside of the United States, the inventor must take out a patent in each desired country. Foreign patent laws differ greatly from U.S. patent laws. In many cases, the process can be much more expensive and just as time-consuming as the U.S. PTO process.
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