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Patent Law

May 30, 2019 By free listings

Patent law is a complicated body of law the deals with the granting and defending of patents. A patent is a grant of the exclusive right to an invention. In the United States the exclusive authority to grant patents for inventions is given to Congress through the Constitution. A patent gives its owner the right to exclude others from making, using or selling the claimed invention for a limited time (i.e. the term of the patent).

Patent Law Basics

There are three types of patents, they are: 1) Utility patents issued for useful devices, materials and processes. 2) Design patents issued for useful designs; and 3) Plant patents issued for asexually reproducing plants.

In order to be considered patentable, the subject matter of an invention must fall within at least one of the categories mentioned in 101 of the Patent Act which includes the following: 1) Processes; 2) Machines 3) Products from Manufacture; 4) Compositions of Matter; or 5) Any new, useful and non-obvious improvement of any of the above, and it is all very well explained on https://steemit.com/inventions/@fiserman/is-your-invention-really-worth-money.

In practice, these categories have been construed broadly enough to include such inventions as devices, chemical compounds, computer software, living cells and multi-celled non-human organisms.

In order to be patentable, an invention must in addition meet the following three conditions: 1) Novelty –the invention must be different from the prior art in its area; 2) Utility -the invention must be practical as opposed to artistic in nature; and 3) Non-Obvious –when viewed as a whole, the invention must not have been an obvious improvement in the invention’s field of art when viewed by one of ordinary skill in that field.

Patents that issue on pending or newly filed applications after June 8, 1995 are entitled to a term that is 20 years from the filing date. In addition to the application of patents, this field of law also deals with the subtleties of patent infringement and enforcement. If you believe you have an idea and invention, it’s a good idea to secure the services of a Patent professional to protect your intellectual property as you can read from this https://doesitreallywork.org/invent-help-review/ review.

Filed Under: Business

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