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The official right to use an invention (Apex)

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โˆ™ 2020-06-26 01:57:00
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โˆ™ 2015-07-10 05:00:49

There is a common misconception that a patent is "A government grant that gives the holder exclusive rights to a process, design, plant or new invention for a designated period of time."

In fact, a patent is not an exclusive right to anything at all, but rather the right to exclude OTHERS from

  • making,
  • copying
  • using,
  • selling (or offering to sell), or
  • importing
any infringing articles or processes, from the time the patent is published to the time it lapses.

In other words, just because you may have a patent, it does not give you any particular right to carry out your own invention, especially if portions of your invention were patented by others.

The public policy underlying patents is that inventors should have the opportunity to benefit from their inventions, to the exclusion of others or by licensing to others, in exchange for publishing a full description of the invention and how to make it. That way, inventive knowledge is circulated freely, but cannot be exploited directly by others without risking penalties. To capitalize freely upon someone else's patented invention, you would need to find a different way to do the same thing (or wait 20 years, or go overseas), but at least the seed for ingenuity is planted.

The most common patent is the "utility" patent, which, in the U.S., is effective for 20 years from the date of filing, unless it was filed prior to 1995, in which case it is effective for 17 years from date of issue, or 20 years from date of application, whichever is later. A "design" patent merely protects a new, original ornamental shape and appearance of a specific class of objects (such as shoe treads, perfume bottles, household appliances), and only for a limited time of 14 years from date of grant. A "plant" patent covers a new and distinct, asexually reproduced species of plant, for the same period of years as for a utility patent (i.e., 17 or 20 years). Some types of patents require periodic payments after they are issued, or they lapse and become unenforceable.

Each patent application is examined to determine if it covers statutory material (allowed to be patented), which is "useful", new with respect to prior disclosures, and not obvious to one of ordinary skill in the art, provided with all of the relevant prior disclosures.

A "utility" patent covers any "new and useful process, machine, manufacture or composition of matter, or any new and useful improvements thereof." This has been interpreted in U.S. courts to include inventions that incorporate computer programs (software), as well as "methods of doing business," although these are each controversial in international relations.

To obtain patent protection in foreign countries, a patent application must be filed in each country, according to the terms of their national laws. International rules serve to streamline this expensive process by permitting applicants to consolidate examinations and modifications in a single process prior to invoking the application process in each desired nation.

Patent applications can be difficult to properly draft and usually result in administrative arguments with the patent examiners that can take (literally) years to complete, and there is no guarantee that a patent will ever be issued from a given application. If you have a valuable invention, you should seek legal counsel of a registered patent attorney to determine when, where, how and why you should file for a patent.

---------------------There are many questions related to patents. You may wonder

"What is patent pending" on a device you purchased, or "How do you obtain a patent?", or "Are patents valuable?" or even, "What do I do if sued for patent infringement?"

In general, patent answers can be complicated by which country you're concerned with, how old the patent is, and so forth. However, you may find the answers to the related questions helpful. Otherwise, feel free to ask a specific question about patents and someone will try to help you.

- - - - - - - -

ADDED: For SHORT and CONCISE answer see the discussion page.

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Q: What is a patent?
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Related questions

What is the difference between patent and patent pending?

A patent is a grant from a patent office, such as the United States Patent Office. "Patent Pending" is a phrase that an application for a patent has been filed and is in some stage in the process of obtaining a patent. Thus, a patent can be presently enforced while a patent that is merely pending is unenforceable but can mature into a patent that can be enforced. Once the pending patent matures, the patent owner can sue for back damages or reasonable royalties starting from the filing date of the patent.


Difference between patent and patent pending?

A patent is a grant from a patent office, such as the United States Patent Office. "Patent Pending" is a phrase that an application for a patent has been filed and is in some stage in the process of obtaining a patent. Thus, a patent can be presently enforced while a patent that is merely pending is unenforceable but can mature into a patent that can be enforced. Once the pending patent matures, the patent owner can sue for back damages or reasonable royalties starting from the filing date of the patent.


Is there any training on how to get a patent from the patent office?

There are not training offered from the patent office on getting a patent. The patent office advises you to seek guidance from a trademark/patent attorney. A good attorney is highly suggested by the patent office. As a convenience, they have a roster of local Patent Attorneys.


What is patent revocation?

Patent revocation is the removal of patent protection from an invention.


Patent number on antique ..how to look up the original patent?

If it is a U.S. patent, you can go to the USPTO website for patent searches and enter the number in "patent number search".


How to get a patent on a similar patent?

An improvement of an existing invention is itself an invention, and can be patented like any other invention. Contact a patent practitioner (patent agent or patent attorney) for assistance. The United States Patent and Trademark Office has lists and addresses of patent practitioners in every state. Avoid companies that advertise they will "help you get a patent."


How do I patent an idea I had?

There are many companies out there that will tell you how to get a patent, however, most are scams. You can apply for a patent with the US Patent Office at www.uspto.gov.


What is a blocking patent?

A blocking patent is a patent relating to a particular area of technology which prevents another patent from being used because the other patent relies on technology covered by the first.


Whats the difference between a patent attorney and a patent agent?

A patent attorney is a person who has specialized qualifications to represent clients who are obtaining patents. A patent agent is a professional, trained by the U.S . Patent Office, who prepares and files patent applications.


Is there a patent for donuts?

No, there is not and cannot be such a patent.


What shrinks black patent leather?

what shrinks black patent or black patent leather?


What is a provisional patent?

There is no PROVISIONAL PATENT anywhere in the world, only a provisional patent application exists. The term "Provisional Patent" is misleading. Rolf


What is a patent pending or patent number notice?

Patent pending is a warning that a patent application has been filed. It is completely worthless until and unless a patent is actually issued for that invention. Patent number notice means a patent with that number was issued for the invention that is implemented in the product labeled with that number.


Who holds patent number 555408021?

There is no US patent 555408021. There is also no US patent 55408021.


What does patent mean on jewelry?

One type of patent is the design patent, which protects "ornamental characteristics." If the design is sufficiently innovative, it may receive a design patent.


When did the Frisbee get a patent?

The Frisbee patent was issued on September 30, 1958 as Design Patent number D183,626.


What is the cheapest way to patent an invention?

There is only one way to get a patent: apply to the Patent Office in your country.


If a company bought your patent and did nothing with it running out of money is the patent your again?

No - Patents are property. If one sells a patent outright, one ceases to have any ownersip of that patent.


Where is the Holland Patent Free Library in Holland Patent located?

The address of the Holland Patent Free Library is: 9580 Main Street, Holland Patent, 13354 0187


What is patent law?

"Patent law" refers to the various laws of nations and international treaties related to obtaining and enforcing patent protection for an invention. It is also closely related to certain aspects of contract law for determination of ownership of the patent rights. See related questions on "What is a patent?" and "How do you obtain a patent?"


Can someone apply for a patent while a product is under pending patent?

Absolutely. The term "patent pending" applied to a product has no legal ramifications. It's just advertising that they are trying to patent the technology that went into the product. Only an issued patent is enforcable. Some products will print patent numbers on their packaging if patents have issued for the technology. You cannot get a patent for something you didn't invent though. Filing a patent application involves signing an oath, and lying under oath is perjury. Patent pending can only be displayed on the product/services, when you have applied for a patent. So, there is no question of applying for a patent while a product is under pending patent. http://indiapatents.blogspot.com


Do eyeglasses have a patent on them?

Eyeglasses predate the patent system.


What is patent lamper?

a person who holds a patent lamp


How do you patent an item in Ireland?

Apply for a Europian patent.


When does the patent on abilify expire?

When does the patent expire for abilify

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