Patent Law



The United Kingdom Patent Office states that the first patent was issued in London in the fifteen century. In the United States, the first patent was granted in 1790.

When Do You Get a Patent?

After inventing a work, the inventor must apply for and obtain a patent from the US Patent and Trademark Office in Washington, DC.

What's Required to Get a Patent?

In order to patent something, you should have a patent attorney, licensed to practice before the Patent Office, assist you with the application. Upon receipt of your application, the Patent Office will examine your application to determine if it meets the legal requirements for obtaining a patent. The requirements are extremely complex, but simplified are that your invention is:

• Novel: this mean it must not be known or used by others in this country, or patented or described in a printed publication here or abroad, or in public use or on sale in this country more than one year prior to the application for patent

• Non-obvious: this means it must not be obvious to a person having ordinary skill in the pertinent art as it existed when the invention was made

• Useful: this means it must have current, significant, beneficial use as process, machine, manufacture, composition of matter or improvements to one of these. According to the Patent Office, the word "process" is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term "machine" used in the statute needs no explanation. The term "manufacture" refers to articles which are made, and includes all manufactured articles. The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything which is made by man and the processes for making the products. Certain kinds of software and internet-related processes merit granting of patents.

What Do You Have When You Have a Patent and Is There Any Risk?

If granted, you receive a 20 year monopoly on selling, using, making or importing the invention in or into the United States; what is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

You should be aware of two risks. First is that obtaining a patent can be expensive. You should consult your patent attorney to get a specific estimate, but the application and granting process can take years and require substantial legal work. Secondly, be aware that in exchange for your patent rights, your patent (ie how the invention works), becomes public information so that others may learn from your ideas and create further. Due to the disclosure result, many often opt not to seek patent rights so that they can keep their invention and ideas secret.


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