What are the basics of patent law?
What are the basics of patent law?
The United States has the oldest existing patenting system in the world. Since its inception, the U.S. Patent and Trademark Office (USPTO) has enjoyed a steady increase in the number of patent applicants both from domestic and foreign inventors. To date, the USPTO has issued over 7,000,000 patents spanning a vast number of different technologies.
Patents are key elements of an intellectual property portfolio. Patents confer the right to stop an unauthorized person from making commercial use of an invention. In other words, a patent gives the inventor exclusive rights in the invention for a period of time, so that he or she can profit from the invention before the right to exploit it is available to the general public. A patent must be applied for from the federal government, and will only be granted if the invention is novel, unobvious, and useful. Patents can be granted for plants and other life forms, designs of manufactured products, machines, processes, and combinations of matter. There are four types of patent applications – provisional, utility, plant, and design applications.
Provisional and Utility Patent Applications
Provisional patent applications are not formally examined by the USPTO. Instead, provisional applications give the applicant an opportunity to file an informal application disclosing their invention, receive a filing date, and secure a one year time period to convert the application to a formal application – either a utility, plant, or design. Utility, plant, and design patent applications are formally examined by the USPTO and must meet certain criteria before issuing as a U.S. Patent. Utility and plant patents are valid for 20 years from the date of filing, while design patents are valid for 14 years from the date of filing.
Patentability Searches
Before investing in any patent application, it is advisable to seek counsel and search USPTO records for any possible blocking patents. Often times, inventors may have come up with a product that has already been patented and such searches could help the inventor assess the scope of protection available and take measures to prevent possible infringement of existing patents. Search results could also aid in drafting the patent application and, ultimately, in deciding the scope of the claims.
Inventors should be aware that certain disclosures, offers for sale, and publications could bar an inventor from obtaining a patent. In the U.S., there is a one-year grace period from the date of public disclosure, offer for sale, or publication to file for a utility patent. There is a six-month grace period for design patents. In many foreign countries, however, any public disclosure could prohibit an inventor from obtaining patent protection. It is thus advisable for inventors to take precautions when discussing their invention to third parties and diligently seek the advice of counsel.
Services Typically Provided by a Patent Lawyer
In addition to patent searches and applications, a patent lawyer will often advise clients regarding the following issues:
You can find additional information in our Patents overview page.
See our Legal FAQs page for the answers to more intellectual property law questions.
Klemchuk PLLC is a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. We help clients protect innovation and increase market share through investments in IP.
This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2023 Klemchuk PLLC