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What Is Patent Law?


June 20, 2022

patent law bookPatent law is an area of intellectual property law that addresses which inventions qualify for patents, how patents are obtained and the ways in which patent infringement is addressed.

Outlined below are the basics of patent law. It is a very complex topic; inventors should work with patent law attorneys to ensure that their intellectual property is adequately protected.

What Is A Patent?

A patent is a type of property right that legally empowers an inventor for a defined period of time, to stop other parties from making, selling or using an invention. Patents only apply to fully developed inventions and do not cover ideas.

Patents generally fall under one of three categories:

1. Utility Patent

This is the most common type of patent, and it protects functional devices. Software patents are also included in this category.

2. Plant Patent

Newly created varieties of plants are protected under this patent.

3. Design Patent

This covers the non-functional or aesthetic features of an item. It should be noted that design patents are an aspect of patents that is exclusive to the United States; other countries use different types of intellectual property laws to protect designs.

Patent Pending

copyright symbolsAnother option inventors have to protect their intellectual property is a provisional patent application, which allows them to label their invention as “patent pending” to discourage others from copying the invention. Inventors may also use this label after filing for a regular (nonprovisional) patent application until the application has gained official approval.

What Is Needed To Qualify For A Patent?

An invention must meet the following requirements to qualify for protection with a utility patent:

  • The subject matter is patentable – To qualify for a patent, the invention in question must fall under an officially designated category of patentable items. Anything that can be manufactured, such as machines, devices and processes, generally qualifies for a patent. Printed materials and business methods are traditionally not considered patentable, although this topic is the subject of debate.
  • The invention is novel – An invention will only qualify for a patent if there is an element of newness involved. If another party already holds a patent for the invention, the new application will not be approved.
  • The invention must be useful – It is not possible to obtain a patent for something that does not serve any purpose.
  • The invention cannot be obvious – If anyone with basic knowledge of the type of item invented would consider it obvious, it is not eligible for a patent.
  • It must be describable in enough detail that someone else can make it – A principle known as enablement must apply to an invention, which means that the person patenting it must be able to describe it in enough detail that another person could make it based solely on those instructions. Enablement is a term for describing the best way to use and produce an invention.

The Rights Afforded By A Patent

Patents give their holders two crucial powers: the right to exclude and the right to sue another party for infringement.

The Right To Sue For Infringement

copyright infringmentPatents typically have several “claims”, which is a section listing which parts of the invention have been granted protection. If one or more claims have been violated, the patent holder may sue for infringement. In a successful infringement lawsuit, a federal court can issue an injunction which prevents the other party from infringing on the patent and may also award damages to the patent holder.

However, it is important to note that in some cases where the government infringes on a patent, litigation will take place through the United States Claims Court. Although the U.S. government reserves the right to use any patented invention without securing prior permission, patent holders do have the right to request compensation from the government when this occurs.

The Right To Exclude

A patent provides the holder with the right to exclude, which means they can stop other parties from selling, using or making their invention. They may reserve the right to sell the patent or make arrangements for a patent license agreement if other parties wish to use or sell the invention.

Keep in mind that patents do not give their holders the right to make or sell an invention. There may be other local laws or existing patents in place that impact the inventor’s ability to sell, make or use the invention they have patented.

Obtaining A Patent

lawyers in doing business or judging cases according to justicePatent applications are complex, and inventors should work with intellectual law attorneys to improve their chances of success. They require a high amount of detail and can take years to be approved. It is not uncommon for applications to be rejected on the first attempt due to certain formalities; applicants can then amend their application and reapply.

Request A Consultation With The Intellectual Property Attorneys

Safeguard your inventions with experienced counsel from the Washington, D.C. intellectual property attorneys at METROLEX IP Law Group. Contact us today to arrange a consultation.

Legal Disclaimer*

Thank you for your interest in the article. Please note that articles published on the METROLEX IP LAW GROUP, PLLC website blog are purely for educational and information purposes only. METROLEX IP LAW GROUP, PLLC makes no representation regarding the accuracy of articles that are linked in any blog posts or the integrity of the links. The content of any articles linked in the METROLEX IP LAW GROUP, PLLC website blog does not necessarily reflect the opinions or position of the firm or any of its partners or members. The articles published on and linked to in the METROLEX IP LAW GROUP, PLLC website blog are not to be considered legal advice and reading the articles does not constitute the formation of an attorney-client relationship.

Please feel free to contact the members of METROLEX IP LAW GROUP, PLLC with any questions regarding any of the articles posted on the website blog, or if you have any question about a matter for which you may require representation of METROLEX IP LAW GROUP, PLLC.

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