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Patent law is the set of federal laws that protect an invention or idea from being copied by another individual or company. A patent is a legal document that gives an inventor, his employer, its assignees and their licensees the right to prevent others in the country from making, using, selling or importing an invention for 20 years. If another person or company sells a product that is the same as an invention already patented by another, they are guilty of patent infringement. Individuals, companies and federal agencies are not allowed to copy patented inventions, but those with the proper license can make or sell products that use patented ideas.
A patent is a property right for those who file. The holder of a patent has the right not to have it infringed upon by others. Patents can be issued by any country since they are considered international treaties. When one country issues a patent, that Patent is recognized in other countries. However, in order to be recognized in another country, the invention also has to be in that country’s registry. A patent can be very profitable for a company since it is a form of protection from other companies who may want to copy the product. A patent will allow the original manufacturer and or owner of the idea to make a profit off of his or her own idea for twenty years, and no one else will be able to make a profit from it without paying royalties.
What Is a Patent?
A patent is a legal document that gives a person or company the right to prevent others in the country from making, using, selling or importing an invention for twenty years. If another person or company sells a product that is the same as an invention already patented by another, they are guilty of patent infringement. Individuals and companies are not allowed to copy patented inventions, but those with the proper license can make products that use patented ideas.
In order to obtain a patent, you must apply for one at the patent office. When your application is accepted, it will be examined by an examiner who will make sure that it meets all of the standards and criteria. If your application is approved and your idea meets all of the requirements, then you are granted a patent to be used on your invention. When you receive a patent on your product or idea, other people cannot use anything in your Patent. If they are caught using your product or idea in any way, they will be guilty of a violation of the patent law.
Types of Patents:
There are two main types of patents. They are utility patents and design patents.
1. Utility Patents: –This is the most common type of patent. Utility patents are issued for things that must work. A utility patent offers protection to an inventor’s or company’s product or invention for twenty years. In order to be awarded a utility patent, a product has to perform a specific function. For example: If a person creates a device that makes food warmer, the device would need to be able to heat up food faster than current methods in order for it to be patented and, therefore, protected from copying and use by others without a license.
2. Design Patents: –This requires even more specific requirements in order to be awarded a design patent. In order to be granted a design patent, the new device must have aesthetic value and must not have already been patented. It can only be used in its general artwork form, so no deviation from the original design is allowed. The design of a certain product or idea can only be patented as long as it cannot be easily copied by others.
How to Apply for a Patent?
It is best to apply for a patent after the product has been created so that you can use it at the same time. If you wait too long, the expense of a Patent will soar. It is important to apply for the Patent within five years of your product’s creation date. For your invention, you are required to submit drawings or a detailed description of what your product is and how it works. This can be done using recorded sound or a video recording if possible. To do this, you’ll need to hire a patent agent who will ask for a filing fee as well as the regular application fee. Once your application is accepted, your Patent can be issued within five months if all requirements are met.
Bottom Line:
A patent is a form of protection from other companies who may want to copy the product. A patent will allow the original manufacturer and or owner of the idea to make a profit off of his or her own idea for twenty years, and no one else will be able to make a profit from it without paying royalties. A patent is a legal document that gives its owner the right to prevent others in the country from making, using, selling or importing an invention for twenty years. If another person or company sells a product that is the same as an invention already patented by another, they are guilty of patent infringement.
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