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Patent For An Invention Is The Grant Of A Property Right To The Inventor, Issued By The U S Patent And Trademark Office
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention 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. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
If Your Business Is Expanding Consider Tradmark Registration At The Federal Level.
Registration at the federal level should be considered if the mark will be used in interstate commerce, (e.g., a small business which is expanding, or a large business operating in many states). Federal registration offers a broader level of protection than is afforded by state registration.
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Latest news about Trademark cases in Montana and nationwide:
Facts About Trademarks Is registration of my mark required? No. You can establish rights in a mark based on legitimate use of the mark. However, own... Read more >
Definition:
The activity performed must be qualitatively different from anything necessarily done in connection with the sale of the applicant’s goods or the performance of another service.
WCT
Definition:
World Intellectual Property Organization Copyright Treaty is an international treaty that was negotiated in 1996 to protect authors' copyrights on the Internet.
Functionality
Definition:
That aspect of design that makes a product work better for its intended purpose, as opposed to making the product look better or to identifying its commercial source.
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