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Patents 101 - The Basics Of Patent Applications
from: Paul JohnsonA 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.
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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.
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