Patent Law




What is Patent Law? It encompasses the branch of law that governs patents. U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect the discoveries of inventors. A patent is the grant of an exclusive property right to the inventor for the benefits of an invention or improvement, granted by the U.S. Patent & Trademark Office (USPTO), for a specific period of time. The invention or idea, by its nature, must be patentable; one skilled in the applicable field must be able to make and use the claimed invention; it must be new (novel) and has not been iterated; its originality must be obvious, meaning the idea cannot be something that anyone in the applicable field of expertise could have easily identified; and it must be useful. Patent law specialists can make a search of patents to determine if the proposed invention is truly unique, and if it appears to be, can file an application, including detailed drawings and specifications.

Only the inventor, or an attorney registered to practice before the USPTO, can prepare and submit a patent application. A legal document, which contains a detailed description of what the invention is and how to make or use it, is issued to the inventor (patentee), which gives the owner of the patent the right to exclude any other person from making, using, or selling the invention covered by the patent.

The USPTO offers the following types of patent applications: 1) utility, which includes a process, a machine, manufactured products, and compounds or mixtures (such as chemical formulas); 2) design, which is a new, original and ornamental design for a manufactured article; and 3) plant inventions, which are any distinct and new variety of cultivated asexually reproduced plants. The USPTO classifies applications for utility and plant inventions into provisional and non-provisional applications. Provisional patent applications may be filed for any invention that has not been publicly disclosed for more than one year from the date of filing. Provisional patent applications do not get examined by the USPTO, but are used as a vehicle to obtain a priority date and may be useful in obtaining “patent pending” status on ideas during final stages of development, or while raising capital or test marketing. The USPTO does not use provisional and non-provisional applications for design inventions. The Patent Cooperation Treaty (PCT) is an international agreement for filing patent applications. Although an inventor cannot obtain an international patent through the PCT, it does allow the inventor to file a single international patent application in order to simultaneously seek protection for an invention in over 125 countries worldwide.

The term of a new patent has changed over time and is currently 20 years from the earliest claimed filing date, but all three types of patents require payment of maintenance fees to keep them effective. Once the term has ended, if no extension has been filed and approved, the patented invention enters the public domain. Manufacture of a product upon which there is an existing patent is "patent infringement" which can result in a lawsuit against the infringer with substantial damages granted.

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Articles About Patent Law

  • What Is a Utility Patent and What Does it Protect?
    Patents are legal ways of protecting an idea that is used to create and invention. It is the produced work that is guarded through the patent through the United States Patent and Trademark Office. This manner of protecting an invented item lasts from fourteen to twenty years in most circumstances.
  • Software Patents and Alice in the Looking Glass
    The public tends to believe the purpose of the Patent Office is to issue patents. The facts paint a different conclusion.
  • The Basics of Royalties and the Role Intellectual Property Plays
    One way that some businesses generate the funds that they need to launch and sustain their business is by using royalties. Investors consider the potential risk and return, making royalties a popular option to help minimize the risk. By preferring royalties over equity in a business, the investor can get back his or her investment faster in case having equity in the business represents too much risk.
  • Is My Great Idea Original? Conducting an Effective Patent Search
    In today’s world, everyone is always looking for the next big thing or the newest technology that will revolutionize an industry. However, with so many people in the world, it’s possible that the latest idea may not be all that original. A person can take his or her place in line with a patent, but the patent process can be laborious and expensive. This is why it pays to conduct an effective patent search. Some of the steps involved in this process include:
  • How to Legally Protect Your Inventions and Ideas
    An idea can be worth a million dollars – to you or to your competitor – which is why it is important to take steps to protect your inventions and ideas.
  • Ways to Minimize Risk When Bringing a New Product to Market
    It is essential when creating a concept for a new product that will be placed on the market to minimize risks that may affect acquiring a licensing deal, securing financial assistance and possible growth with revenue that may occur through the sales of the item.
  • What To Do Before You Disclose an Idea for an Invention
    A question high on the list of first asked questions to a Patent Attorney, is “what do I need to protect my idea before I talk to an investor, (a manufacturer or licensor), etc. The answer, or answers as a inventor should take multiple steps, are not complicated.
  • Is That a Patent, Trademark or Copyright?
    If you wouldn’t know a patent if one bit you [1], you are not alone. Most of the public doesn’t know the difference, and there are lawyers who are uncertain of the differences. Today, though, you are lucky enough to have this article in front of you to learn the difference. Bear in mind, however, this is just an overview. If you want to know more, refer to the footnotes.
  • Intellectual Property Rights for Small Business
    Protecting intellectual property is a critical early step in establishing a new business. The process can be complex, but the ability of a business to establish a brand and grow by steps depends on having exclusive use of intellectual property.
  • Patent Ownership is Not Based on The Date of Postmark
    The Postmark Is Dead. [This] refers to the notion that a person could prove inventorship and a date of invention by documenting the idea and sending the document through the Postal Service with the postmark as proof of the date of invention.
  • All Intellectual Property Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Intellectual Property including: copyright, domain names, licensing law, patents, trade secrets and trademark.

Patent Law - United States

  • Patent and Trademark Law Center

    American Patent and Trademark Law Center is a professional association of independent registered patent attorneys and specializes in patent, trademark, copyright and related business and government contract matters, such as licenses.

  • Patent Cooperation Treaty

    The States party to this Treaty (hereinafter called "the Contracting States") constitute a Union for cooperation in the filing, searching, and examination, of applications for the protection of inventions, and for rendering special technical services.

  • Patent Law - Overview

    Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time. U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect thediscoveries of inventors.

  • Patent Law - Wikipedia

    United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" as provided in the United States Constitution.

  • Patent Law Portal

    Our goal is to provide you with the most diverse and current resource center for the professional patent law community and inventors. The Patent Law Portal is the definitive guide for patent information required by inventors and patent professionals alike.

  • Trilateral Co-operation

    The Trilateral Co-operation was set up in 1983 between * the European Patent Office (EPO), * the Japan Patent Office (JPO) and * the United States Patent and Trademark Office (USPTO)

  • United States Patent Act

    The U.S. Patent Act is found in Title 35 of the U.S. Code and contains the federal statutes governing patent law in the United States.

  • United States Patent and Trademark Office

    The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks.

Patent Law - International

Organizations For Patent Laws

Publications For Patent Laws




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